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FLEMING v. STATE DEPT. OF PUBLIC SAFETY

No. CV-14-0315-PR.

352 P.3d 446 (2015)

Robert FLEMING, Conservator, on behalf of the surviving minor children of Faith Mascolino, Plaintiff/Appellant, v. STATE of Arizona DEPARTMENT OF PUBLIC SAFETY, Defendant/Appellee.

Supreme Court of Arizona.

July 9, 2015.

Attorney(s) appearing for the Case

Mark Brnovich, Arizona Attorney General, John R. Lopez IV, Solicitor General, Daniel P. Schaack (argued), Assistant Attorney General, Phoenix; and Robert R. McCright, Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Ronald D. Mercaldo, Carlo Mercaldo, Mercaldo Law Firm, Tucson; Thomas A. Zlaket, PLLC, Tucson; and JoJene E. Mills, Law Office of JoJene Mills, PC, Tucson, Attorneys for Robert Fleming, Conservator, on behalf of the surviving minor children of Faith Mascolino.

Vice Chief Justice PELANDER authored the opinion of the Court, in which Chief Justice BALES, Justices BERCH and BRUTINEL, and Judge GOULD joined.

¶ 1 Under A.R.S. § 12-820.02(A)(7), public entities and employees enjoy qualified immunity from liability for an injury to a motor-vehicle driver that is attributable to the driver's violation of statutes prohibiting reckless driving and driving while under the influence of alcohol or...

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