Cited by

See, e.g., Fleming, 237 Ariz. at 418–19 ¶¶ 18–20 (presumption applies to wrongful death claim); County of La Paz v. Yakima Compost Co., Inc., –03 ¶¶ 33–34 (App. 2010) (breach of contract, covenant of good faith and fair dealing); –45 ¶¶ 14–22 (App. 2008) (negligence); Schabel v. Deer Valley Unified Sch.

v. Owens-Corning Fiberglas Corp., ¶ 9 (App. 2016) ( ¶ 14 (App. 2008)).

4 AMERICAN FURNITURE v. GILBERT Opinion of the Court there are any genuine issues of material fact and as to whether the moving party is entitled to judgment as a matter of law.” ¶ 13 (App. 2008).

9 ARIK v. RGO Decision of the Court 425, ¶ 13, –42 n.7, ¶ 12, –91 n.7 (App. 2008); Am.

We narrowly construe immunity provisions applicable to government entities, ¶ 12, but may not construe an immunity provision so narrowly that the legislature’s grant of immunity is abrogated, ¶ 16

DISCUSSION I. Summary Judgment Award ¶17 “We review an award of summary judgment de novo, both as to whether there are any genuine issues of material fact and as to whether the moving party is entitled to judgment as a matter of law.” ¶ 13 (App. 2008).

¶ 16, (citation omitted).

This latter interpretation represents a narrower application of the statute, without undermining the legislature’s grant of qualified immunity, ¶ 16, (stating that courts may not “construe an immunity provision so narrowly as to abrogate the legislature’s grant of immunity”), and while remaining consistent with the court of appeals’ application of § 12-820.02(A)(7) in DeVries v. State, in which the driver suffered injury whi

“In that act, the legislature delineated several specific acts for which public entities and employees are extended a qualified immunity.” ¶ 14

444-45 ¶ 22, -94 (App.2008) (“[I]f qualified immunity were inapplicable simply because the form of Plaintiffs’ allegations did not mimic the statute, it would encourage plaintiffs to purposely plead their claims to avoid the application of the statute.”).

But, if the statute's language is not clear, we examine "`the context of the statute, the language used, the subject matter, its historical background, its effects and consequences, and its spirit and purpose.'"