Cited by

Inc. v. Edais Eng’g Inc., ¶ 5 (2022) (negligence); ¶ 9 (2021) (premises liability); McMurtry v. Weatherford Hotel, Inc., ¶ 23 (App. 2013) (premises liability).

McMurtry v. Weatherford Hotel, Inc., ¶ 23 (App. 2013).

“Landowners have a duty to invitees to maintain their property in a reasonably safe manner.” McMurtry v. Weatherford Hotel, Inc.

See McMurtry v. Weatherford Hotel, Inc., ¶ 23 (App. 2013); Stephens v. Bashas’ Inc.

establish a claim for negligence, a plaintiff must prove four elements: (1) a duty requiring the defendant to conform to a certain standard of care; (2) a breach by the defendant of that standard; (3) a causal connection between the defendant’s conduct and the resulting injury; and (4) actual damages.” ¶ 9 (2007); see also McMurtry v. Weatherford Hotel, Inc., ¶ 22 (App. 2013) (explaining a plaintiff must put forward evidence establishing all the elements of actionable negligence to survive a mot

See McMurtry v. Weatherford Hotel, Inc., 251-52, ¶¶ 11, 17 (App. 2013) (holding that trial court erred in holding that proffered expert was not qualified to testify in premises liability claim against hotel where expert’s qualifications were sufficiently established in his affidavit describing his relevant professional experience).

A party must preserve evidence it “know[s], or reasonably should know, is relevant in the action, is reasonably calculated to lead to the discovery of admissible evidence, is reasonably likely to be requested during discovery and/or is the subject of a pending discovery request.” McMurtry v. Weatherford Hotel, Inc., ¶ 51 (App. 2013) (citation omitted).

See McMurtry v. Weatherford Hotel, Inc., ¶ 44 (App. 2013) (“[C]hallenges to the court’s admission or exclusion of evidence [are reviewed] for an abuse of discretion.”).

See McMurtry v. Weatherford Hotel, Inc., ¶ 10 (App. 2013).

McMurtry v. Weatherford Hotel, Inc., ¶ 23 (App. 2013).

See id.; McMurtry v. Weatherford Hotel, Inc., ¶ 23 (App. 2013).

See McMurtry v. Weatherford Hotel, Inc., ¶ 16 (App. 2013) (safety expert’s “background and familiarity with certain building regulations goes to the weight of his testimony, not its admissibility”).

(dismissal of complaint “too harsh a sanction” when plaintiff failed to preserve evidence); McMurtry v. Weatherford Hotel, Inc., (when party fails to preserve relevant evidence, trial court has discretion to impose sanctions, including instructing jury it may infer destroyed evidence would have been unfavorable to offending party).

¶35 “Generally, we review challenges to the court’s admission or exclusion of evidence for an abuse of discretion.” McMurtry v. Weatherford Hotel, Inc., ¶ 44 (App. 2013).

“Whether proximate cause exists is usually a question for the jury, unless reasonable people could not differ.” McMurtry v. Weatherford Hotel, Inc., ¶ 38 (App. 2013).

See McMurtry v. Weatherford Hotel, Inc., ¶ 51 (App. 2013).

See McMurtry v. Weatherford Hotel, Inc., ¶ 17 (App. 2013) (noting that an expert may be qualified based on experience); Rule 702 cmt.

McMurty v. Weatherford Hotel, Inc., ¶ 38 (App. 2013).

McMurtry v. Weatherford Hotel, Inc., ¶ 51, n.15 (App. 2013) (citation omitted).

¶ 23 (2016) (stating that an expert’s “lack of experience in performing toolmark analyses and firearm identification experiments might have affected the weight a juror would give his testimony, but it did not bar its admission”); see also McMurtry v. Weatherford Hotel, Inc., ¶ 16 (App. 2013) (explaining that an expert’s “background and familiarity with certain building regulations goes to the weight of his testimony, not its admissibility”).

McMurtry v. Weatherford Hotel, Inc., ¶ 34 (App. 2013).

¶18 The existence of proximate cause “requires consideration of all the facts,” and “is usually a question for the jury, unless reasonable people could not differ.” McMurtry v. Weatherford Hotel, Inc., ¶ 38 (App. 2013).

See also McMurty v. Weatherford Hotel, Inc., ¶ 44 (App. 2013).

See McMurtry v. Weatherford Hotel, Inc., ¶ 22 (App. 2013) (citing Markowitz, 146 Ariz. at 355)

See McMurtry v. Weatherford Hotel, Inc., ¶ 51 (App. 2013).