Cited by
Opinions in Arizona that cite Serna v. Statewide Contractors, Inc., 429 P.2d 504.
- McKee v. State 388 P.3d 14 Ariz. Ct. App. Div. 1 2016
-
McKee v. State
388 P.3d 14
Ariz. Ct. App. Div. 1 2016
¶18 Thus, wilful misconduct requires proof of deliberate, intentional misconduct; “[e]ven gross negligence or wantonness amounting to gross negligence does not constitute a ‘willful act’ under this definition; the negligence or wantonness must be accompanied by the intent to inflict injury upon another.” Diaz, 190 Ariz. at 551 (citing Serna v. Statewide Contractors, Inc.
- Gamez v. Brush Wellman, Inc. 34 P.3d 375 Ariz. Ct. App. Div. 2 2001
-
Gamez v. Brush Wellman, Inc.
34 P.3d 375
Ariz. Ct. App. Div. 2 2001
knowingly and purposely with the direct object of injuring another,” (3) the act that caused the injury must have been the personal act of the employer, and (4) the act must have reflected “a wilful disregard of the life, limb or bodily safety of employees.” Ariz. Const, art. XVIII, § 8; see Serna v. Statewide Contractors, Inc.
- Bernhart v. Industrial Commission 26 P.3d 1181 Ariz. Ct. App. Div. 1 2001
-
Bernhart v. Industrial Commission
26 P.3d 1181
Ariz. Ct. App. Div. 1 2001
This exception is refined, however, by § 23-1022(B), which provides, “ ‘Wilful misconduct’ as used in this section means an act done knowingly and purposely with the direct object of injuring *414 another.” See also Serna v. Statewide Contractors, Inc., , (the wilful misconduct exception requires “deliberate intention as distinguished from some kind of intention presumed from gross negligence”).
- Diaz v. Magma Copper Co. 950 P.2d 1165 Ariz. Ct. App. Div. 2 1997
-
Diaz v. Magma Copper Co.
950 P.2d 1165
Ariz. Ct. App. Div. 2 1997
Serna v. Statewide Contractors, Inc.
- Walker v. City of Scottsdale 786 P.2d 1057 Ariz. Ct. App. Div. 1 1989
-
Walker v. City of Scottsdale
786 P.2d 1057
Ariz. Ct. App. Div. 1 1989
Serna v. Statewide Contractors, Inc.
- Bonner v. Minico, Inc. 766 P.2d 598 Ariz. 1988
-
Bonner v. Minico, Inc.
766 P.2d 598
Ariz. 1988
In *252 Serna v. Statewide Contractors, Inc., , decided a few weeks after Morgan , the question, as here, was whether the injury fell within the “wilful misconduct” exception of A.R.S.
- Allen v. Southwest Salt Co. 718 P.2d 1021 Ariz. Ct. App. Div. 1 1986
-
Allen v. Southwest Salt Co.
718 P.2d 1021
Ariz. Ct. App. Div. 1 1986
§ 23-1022(A) and (B), Serna v. Statewide Contractors, Inc., , 1 is unsound and obsolete; that it grants to employers a disfavored special immunity, , that the language “wilful disregard of the life, limb or bodily safety of employees” in § 23-1022(A) and Article 18
- Wagenseller v. Scottsdale Memorial Hospital 710 P.2d 1025 Ariz. 1985
- Johnson v. Kerr-McGee Oil Industries, Inc. 631 P.2d 548 Ariz. Ct. App. Div. 2 1981
-
Johnson v. Kerr-McGee Oil Industries, Inc.
631 P.2d 548
Ariz. Ct. App. Div. 2 1981
B. The term ‘wilful misconduct’ as employed in this section shall be construed to mean an act done knowingly and purposely with the direct object of injuring another.” (emphasis added) The foregoing statute was construed in Serna v. Statewide Contractors, Inc., , where the court stated: “It is well settled that where a statute expressly defines certain words and terms used in the statute the court is bound by the legislative definition in all cases where the rights of the parties litigant are ba
- Giovanelli v. First Federal Savings & Loan Ass'n 587 P.2d 763 Ariz. Ct. App. Div. 1 1978
-
Giovanelli v. First Federal Savings & Loan Ass'n
587 P.2d 763
Ariz. Ct. App. Div. 1 1978
Serna v. Statewide Contractors, Inc.
- Harris v. Buckeye Irrigation Co. 578 P.2d 177 Ariz. 1978
-
Harris v. Buckeye Irrigation Co.
578 P.2d 177
Ariz. 1978
Viewing the facts and all reasonable inferences to be drawn therefrom in a light most favorable to the party against whom the motion was granted, Livingston v. Citizen’s Utility, Inc., , Serna v. Statewide Contractors, Inc., , the following is necessary for a determination of this matter.
- General Electric Credit Corp. v. Tidwell Industries, Inc. 565 P.2d 868 Ariz. 1977
-
General Electric Credit Corp. v. Tidwell Industries, Inc.
565 P.2d 868
Ariz. 1977
Serna v. Statewide Contractors, Inc.
- Poggi v. Kates 564 P.2d 380 Ariz. 1977
-
Poggi v. Kates
564 P.2d 380
Ariz. 1977
Serna v. Statewide Contractors, Inc.
- Geiler v. Arizona Bank 537 P.2d 994 Ariz. Ct. App. Div. 1 1975
-
Geiler v. Arizona Bank
537 P.2d 994
Ariz. Ct. App. Div. 1 1975
116 , Livingston v. Citizen’s Utility, Inc., , Serna v. Statewide Contractors, Inc.
- Lowery v. Universal Match Corporation 430 P.2d 444 Ariz. Ct. App. Div. 1 1967
- Lowery v. Universal Match Corporation 430 P.2d 444 Ariz. Ct. App. Div. 1 1967