Cited by

Peaks Trucking Co., Inc., ¶ 12 n.5 (App. 2011).

Holdings, L.L.C., n. 50 ¶ 105 (App. 2012), we may review a purely legal issue where “the facts are not merely undisputed but immaterial,” ¶ 20 (App. 2011) (internal quotation marks omitted).

Peaks Trucking Co., ¶ 22 (App. 2011) (quoting A Tumbling-T Ranches v. Flood Control Dist.

¶11 Because a comparative fault allegation “is an affirmative defense,” the defendant bears the burden of proving that the plaintiff is “actually at fault.” Ryan v. San Francisco Peaks Trucking Co., Inc., ¶ 22 (App. 2011).

Cf. Ryan v. San Francisco Peaks Trucking Co., Inc., ¶ 39 (App. 2011) (holding that an improper cross-examination of a witness under Rule 602 was harmless because the witness was cross-examined with documents already admitted as exhibits).

Peaks Trucking Co., ¶ 34 (App. 2011) (citing sources).

Peaks Trucking Co. Inc., ¶ 12 (App. 2011) (quoting John C. Lincoln Hosp.

Peaks Trucking Co., Inc., –49, ¶ 23 (App. 2011).

§ 12-563; see also Ryan v. San Francisco Peaks Trucking Co., Inc., -49, ¶ 23 (App. 2011).

Peaks Trucking Co., Inc., ¶ 12 n.5 (App. 2011), and White does not overcome this presumption.

See Ryan v. San Francisco Peaks Trucking Co., Inc., ¶ 12 n.5 (App. 2011).

Peaks Trucking Co. , , ¶ 23

(2016); -49, ¶ 23, -70 (App. 2011).

¶¶ 25–26 (App. 2011) (disclosure statements alone do not satisfy a plaintiff’s burden of proving negligence); see also Ariz. R. Civ.

Peaks Trucking Co., ¶ 20 (App. 2011) (citing John C. Lincoln Hosp.

Ryan v. San Francisco Peaks Trucking Co., Inc., ¶ 12

Peaks Trucking Co., Inc., ¶ 20, (“[I]n cases that have proceeded to trial, a party that wishes to preserve a summary judgment issue for appeal must reassert it during or after trial in a Rule 50 motion for judgment as a matter of law or other motion.”).

A disclosure statement is not admissible evidence, ¶ 20, (stating that “while disclosure statements may be admitted into evidence as party admissions, they are not in and of themselves evidence.” ( ¶ 16, )), and we therefore do not consider it as part of our analysis, (holding that “[w]hile a court must review the contents of supporting affidavits and depositions in ruling upon a motion for

Peaks Trucking Co., ¶ 12

Peaks Trucking Co., ¶ 22

But while disclosure statements may be admitted into evidence as party admissions, , they are not in and of themselves evidence, see Clark Equip.