Eric D. Gere (argued), Alexander J. Egbert , Jennings, Strouss & Salmon, P.L.C., Phoenix, Attorneys for Salt River Project Agricultural Improvement & Power District.
Daniel Rubinov , Rafat H. Abdeljaber , RAJ Law PLLC, Phoenix, Attorneys for Amicus Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.
Nancy L. Davidson , General Counsel, League of Arizona Cities and Towns, Phoenix, Attorneys for Amicus Curiae League of Arizona Cities and Towns, and Nicholas D. Acedo , Struck Love Bojanowski & Acedo, PLC, Chandler, Attorneys for Amicus Curiae Arizona Counties Insurance Pool, Arizona Municipal Risk Retention Pool and Arizona School Risk Retention Trust, Inc.
VICE CHIEF JUSTICE TIMMER authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, JUSTICES MONTGOMERY and PELANDER (Ret.) joined. JUSTICE MONTGOMERY authored a concurring Opinion. JUSTICE LOPEZ authored a dissenting Opinion, in which JUSTICES BEENE and KING joined.
VICE CHIEF JUSTICETIMMER, Opinion of the Court:
¶1 After the superior court dismisses with prejudice a tort claim against an employee, must the court also dismiss a claim filed against the employer under the respondeat superior doctrine? It depends. If the claim against the employee was dismissed for lacking merit, the court must also dismiss...
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