The JSH Reporter JSH Reporter - Fall 2017 | Page 5
APPELLATE HIGHLIGHTS
05
JSH APPELLATE TEAM
EILEEN DENNIS
GILBRIDE
602.263.4430
LORI
VOEPEL
602.263.7312
JONATHAN
BARNES
602.263.4437
JENNIFER
ANDERSON
602.263.4419
JUSTIN
ACKERMAN
602.263.4552
SEAN
MOORE
602.263.1778
October 25, 2016 November 4, 2016
Franklin v. Clemett Armani v. Northwestern Mutual
(Arizona Court of Appeals, Division 1) (Ninth Circuit Court of Appeals)
Defendant in hockey crowd fight was allowed to use the
statutory affirmative defense of intoxication, which is not
unconstitutionally vague and does not conflict with the
Arizona Constitution or comparative fault law. An employee who is unable to sit for more than four
hours is not able to perform “sedentary” work for
purposes of long-term disability benefits.
November 3, 2016
Johnson v. Almida Land & Cattle
(Arizona Court of Appeals, Division 1)
As a matter of law and not foreseeability, a permit
holder operating on federal land owes a duty of care to
members of the public who are injured by the permit
holder’s improvements on the land.
December 20, 2016
Villasenor v. Evans
(Arizona Court of Appeals, Division 1)
The court affirmed summary judgment for city
councilman due to Plaintiff’s failure to serve him with a
notice of claim, confirming that the notice of claim statute
applies to elected officials.