243 P.3d 1024
Ariz. Ct. App.2010Background
- Thompsons file a personal injury action against Pima County for injuries Taylor suffered in a vehicle accident on Hacienda Del Sol.
- The accident involved potholes; the county had knowledge of roadway defects and repaired them the day after the crash.
- Thompsons served a notice of claim on July 30, 2007, and filed suit on January 4, 2008.
- County moved for summary judgment, arguing untimely notice under § 12-821.01 and accrual prior to filing.
- Trial court granted summary judgment, holding accrual occurred before February 1, 2007; court of appeals affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When does accrual occur for a public-negligence claim? | Accrual based on discovery: knowledge of cause and link to defendant. | Accrual occurs when facts sufficient to support notice exist and knowledge is obtained. | Accrual is governed by discovery-rule; knowledge of cause prior to Feb 1, 2007 sufficed. |
| Is there a separate, 180-day window for filing a notice of claim after accrual around 'facts sufficient'? | Accrual and filing must be treated separately; delay allowed for investigation. | Accrual and 'facts sufficient' filing are distinct; 180-day deadline applies after accrual. | Yes; accrual and filing are distinct; notice must be filed within 180 days after accrual. |
Key Cases Cited
- Walk v. Ring, 202 Ariz. 310 (2002) (discovers rule: know the cause and should know who caused it)
- Doe v. Roe, 191 Ariz. 313 (App. 1998) (minimum knowledge to identify a wrong and injury triggers accrual)
- Dube v. Likins, 216 Ariz. 406 (App. 2007) (codifies discovery rule for accrual against public entities)
- Stulce v. Salt River Project Agric. Improvement & Power Dist., 197 Ariz. 87 (App. 1999) (discovery rule for accrual against public entities)
- Janson v. Christensen, 167 Ariz. 470 (1989) (statutory interpretation guiding plain-language analysis)
- Rineer v. Leonardo, 194 Ariz. 45 (1999) (distinguishes accrual concepts and discovery rule)
- In re Martin M., 223 Ariz. 244 (App. 2009) (appellate caution against rewriting statutes)
- Yollin v. City of Glendale, 219 Ariz. 24 (App. 2008) (statutory interpretation and accrual principles)