ARIZONA SUPREME COURT

Lips v. Scottsdale Healthcare Corp., CV-09-0273-PR,
 Plaintiff requested defendant hospital to retain allegedly defective artificial hip which was being replaced.  Hospital discarded the replaced device, which prevented plaintiff from pursuing product liability suit against manufacturer.  Plaintiff sued defendant for negligent spoliation of evidence, but the Supreme Court refused to recognize the tort.  The Court did not decide whether a tort would be recognized for intentional spoliation.

ARIZONA COURT OF APPEALS

Desela v. Prescott Unified, CV 09-0244, April 20, 2010.
A parent's claim for minor child's medical expenses, assigned to the minor before the parent's statute of limitations expires, tolls the statute for that claim until the child reaches majority.  [A point of some concern, however, is that the court based part of its opinion on the fact that the minor's Notice of Claim against the governmental entity defendant was filed within 180 days of the injury.  Why should this matter - was not the NOC requirement also tolled by the child's minority? Ed.]


Precision v. Trail King, CV 08-0107, April 20, 2010.
 Plaintiff alleged defendant manufactured a defective trailer, resulting in damage to the trailer and its load.  The court held that plaintiff was entitled to prejudgment interest on the claim for a liquidated amount, and the defense of comparative negligence did not make the claim unliquidated. The case was remanded for determination of whether defendant's challenge to the reasonableness of part of the damages rendered that part unliquidated.