Cited by
Opinions in Arizona that cite Tellez v. Saban, 933 P.2d 1233.
- KAUFMAN v. GUEVARA Ariz. Ct. App. Div. 1 2025
-
KAUFMAN v. GUEVARA
Ariz. Ct. App. Div. 1 2025
A “court may derive a standard of care from a statute ‘if it first determines that the statute’s purpose is in part to protect a class of persons that includes the plaintiff and the specific interest at issue from the type of harm that occurred and against the particular action that caused the harm.’” Martin, 209 Ariz. at 536, ¶ 23 ().
- Robin Roebuck v. Mayo Clinic Ariz. 2025
-
Robin Roebuck v. Mayo Clinic
Ariz. 2025
¶ 18 (App. 2016) (“The standard of care may be ‘established by a legislative enactment.’” ()); see Restatement § 285.
- Wing v. U-Haul Ariz. Ct. App. Div. 1 2020
-
Wing v. U-Haul
Ariz. Ct. App. Div. 1 2020
¶14 Negligent conduct “falls below the standard established by law” to protect “others against unreasonable risk of harm.”
- St. George v. Plimpton 384 P.3d 1243 Ariz. Ct. App. Div. 1 2016
-
St. George v. Plimpton
384 P.3d 1243
Ariz. Ct. App. Div. 1 2016
¶18 The standard of care may be “established by a legislative enactment” or “adopted by the court from a legislative enactment.” (citing Restatement (Second) of Torts § 285, at 20 (1965)).
- Moore v. Parham Ariz. Ct. App. Div. 1 2016
-
Moore v. Parham
Ariz. Ct. App. Div. 1 2016
at 253, ¶ 23, 293 P.3d at 529 ( ).
- Sullivan v. Pulte Home Corp. 354 P.3d 424 Ariz. Ct. App. Div. 1 2015
-
Sullivan v. Pulte Home Corp.
354 P.3d 424
Ariz. Ct. App. Div. 1 2015
(rejecting negligence per se claim based on statute prohibiting rental car company from leasing to unlicensed drivers because “statutes intended for the protection of the public at large rather than an individual or class of persons do not create the standard of conduct required o
- Doyle v. Bashas Ariz. Ct. App. Div. 1 2014
-
Doyle v. Bashas
Ariz. Ct. App. Div. 1 2014
Further, a reasonably foreseeable event is one that “might reasonably be expected to occur now and then, and would be recognized as not highly unlikely if it did suggest itself to the actor’s mind.” (citation omitted) (internal quotation marks omitted).
- McMurtry v. Weatherford Hotel, Inc. 293 P.3d 520 Ariz. Ct. App. Div. 1 2013
-
McMurtry v. Weatherford Hotel, Inc.
293 P.3d 520
Ariz. Ct. App. Div. 1 2013
“A reasonably foreseeable event is one that might ‘reasonably be expected to occur now and then, and would be recognized as not highly unlikely if it did suggest itself to the actor’s mind.’” , (citation omitted).
- STATE EX REL. GODDARD v. Ochoa 228 P.3d 950 Ariz. Ct. App. Div. 1 2010
-
STATE EX REL. GODDARD v. Ochoa
228 P.3d 950
Ariz. Ct. App. Div. 1 2010
However, the rule is not jurisdictional, and this court has discretion to consider a new argument on appeal when the issue is one of statewide importance, Winsor v. Glasswerks PHX, L.L.C., n. 3, ¶ 20 , n. 3 (App.2003), or if adoption of a legal principle “will expedite enforcement of a right or redress an injustice.” n. 3 , n. 3 (App.1996).
- Ritchie v. Krasner 211 P.3d 1272 Ariz. Ct. App. Div. 1 2009
-
Ritchie v. Krasner
211 P.3d 1272
Ariz. Ct. App. Div. 1 2009
at 243, ¶ 34 , 129 P.3d at 965 ( , ).
- Gipson v. Kasey 129 P.3d 957 Ariz. Ct. App. Div. 1 2006
-
Gipson v. Kasey
129 P.3d 957
Ariz. Ct. App. Div. 1 2006
3 “The ‘definition of a reasonably foreseeable event is an event that might reasonably be expected to occur now and then, and would be recognized as not highly unlikely if it did suggest itself to the actor’s mind.’” , (quoting W. Page Keeton et al., Prosser and Keeton on the Law of Torts § 44, at 307 (5th ed.1984)).
- Acuna v. Hampton And Kroack Ariz. Ct. App. Div. 2 2006
-
Acuna v. Hampton And Kroack
Ariz. Ct. App. Div. 2 2006
We 7 (tort of negligent entrustment not restricted “to cases in which the owner entrusts a vehicle to one known to be incompetent or inexperienced,” but also applies when “‘the peculiar circumstances of the case are such as to give the actor good reason to believe that the third person
- Martin v. Schroeder 105 P.3d 577 Ariz. Ct. App. Div. 2 2005
-
Martin v. Schroeder
105 P.3d 577
Ariz. Ct. App. Div. 2 2005
The court may derive a standard of care from a statute “if it first determines that the statute’s purpose is in part to protect a class of persons that includes the plaintiff and the specific interest at issue from the type of harm that occurred and against the particular action that caused the harm.” , see also Estate of Hernandez v. Ariz. Bd.
- State v. Munninger 104 P.3d 204 Ariz. Ct. App. Div. 1 2005
-
State v. Munninger
104 P.3d 204
Ariz. Ct. App. Div. 1 2005
of Supervisors of Pima Co., , , 171 n. 3, , 1239 n. 3 (App.1996).
- Milner v. Colonial Trust Co. 6 P.3d 329 Ariz. Ct. App. Div. 1 2000
- Milner v. Colonial Trust Co. 6 P.3d 329 Ariz. Ct. App. Div. 1 2000
- Dickey v. City of Flagstaff 4 P.3d 965 Ariz. Ct. App. Div. 1 1999
- Dickey v. City of Flagstaff 4 P.3d 965 Ariz. Ct. App. Div. 1 1999
- Hill v. Safford Unified School District 952 P.2d 754 Ariz. Ct. App. Div. 2 1997
-
Hill v. Safford Unified School District
952 P.2d 754
Ariz. Ct. App. Div. 2 1997
A reasonably foreseeable event is one that might “reasonably be expected to occur now and then, and would be recognized as not highly unlikely if it did suggest itself to the actor’s mind.” , see Fazzolari v. Portland School District No. 1J, 78 Or.App.
- Knauss v. DND Neffson Co. 963 P.2d 271 Ariz. Ct. App. Div. 2 1997
-
Knauss v. DND Neffson Co.
963 P.2d 271
Ariz. Ct. App. Div. 2 1997
Petolicchio v. Santa Cruz County Fair & Rodeo Ass’n, , Markowitz, 146 Ariz. at 357 , 706 P.2d at 369 (“The test for whether conduct is negligent is whether there is a foreseeable risk of injury from the conduct.”); , , 172 n. 5, , 1240 n. 5 (App.1996) (“Foreseeability of risk plays a dual role in negligence: it not only defines the standard of care but also determines whether an actor’s conduct was the proximate cause of the injury.”).
- Souza v. Fred Carries Contracts, Inc. 955 P.2d 3 Ariz. Ct. App. Div. 2 1997
-
Souza v. Fred Carries Contracts, Inc.
955 P.2d 3
Ariz. Ct. App. Div. 2 1997
In addition, to be a proximate cause of the accident, FCCI’s conduct “need have contributed only slightly to the injury.” , , (App.1996)