Austin v. City of Scottsdale, 684 P.2d 151 (Ariz. 1984). · Go Syfert
Austin v. City of Scottsdale, 684 P.2d 151 (Ariz. 1984). Cases Citing This Book View Copy Cite
152 citation events (92 in the last 25 years) across 8 distinct courts.
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Williams v. Superior Court (2×) also: Cited as authority (quoted)
Ariz. Ct. App. · 1991 · quote attribution · 2 verbatim quotes · confidence high
that children are not named plaintiffs but are merely beneficiaries does not preclude them from being 'parties' to the litigation.
discussed Cited as authority (quoted) Sanchez-Ravuelta v. Yavapai
Ariz. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
by establishing a police department, a municipality becomes neither a general insurer of safety nor absolutely liable for all harms to its citizens.
discussed Cited as authority (rule) Bottomlee v. State
Ariz. Ct. App. · 2020 · confidence medium
That is, although "police do not owe a duty to every citizen within their jurisdiction from all potential harms," Noriega, 243 Ariz. at 327, ¶ 29, when they "endeavor to provide specific protection to a particular person, they generally . . . have 'a duty to act as would a reasonably careful and prudent police department in the same circumstances,'" Hogue, 240 Ariz. at 280 , ¶ 12 (quoting Austin v. City of Scottsdale, 140 Ariz. 579, 581-82 (1984) (duty may exist when acts by police have "narrowed the obligation owed to the general public into a specific obligation owed" to an individual)); s…
discussed Cited as authority (rule) Stair v. Maricopa (2×)
Ariz. Ct. App. · 2018 · confidence medium
When government has "opted to provide police protection, [it] ha[s] a duty to act as would a reasonably careful and prudent police department in the same circumstances." Austin v. City of Scottsdale, 140 Ariz. 579, 581-82 (1984). ¶33 Stair argues Austin supports imposition of a duty when law enforcement actors know of danger but fail to prevent its consequences.
examined Cited as authority (rule) Hogue v. City of Phoenix (3×) also: Cited "see"
Ariz. Ct. App. · 2016 · confidence medium
In Arizona, if police endeavor to provide specific protection to a particular person, they generally only have “a duty to act as would a reasonably careful and prudent police department in the same circumstances.” Austin v. City of Scottsdale, 140 Ariz. 579, 581-82 , 684 P.2d 151, 153-54 (1984).
discussed Cited as authority (rule) Sandoval v. Tempe
Ariz. Ct. App. · 2015 · confidence medium
In Austin v. City of Scottsdale, the Arizona Supreme Court noted that public officers and employees must be held accountable for negligent acts performed during their official duties. 140 Ariz. 579, 581-82 , 684 P.2d 151, 153-54 (1984).
discussed Cited as authority (rule) Guerra v. State
Ariz. Ct. App. · 2014 · confidence medium
Id. ¶20 The dissent in Vasquez specifically recognized that duties of care may arise from conduct a person has undertaken, and that although the police owed no duty to protect citizens from “all harms,” a duty of reasonable care arose to protect the surviving family members of a crime victim once the police “opted to provide police protection.” Id. at 318, ¶ 49 , 206 P.3d at 767 (citing Gipson, 214 Ariz. at 145, ¶ 18 , 150 P.3d at 232 ) (quoting Austin v. City of Scottsdale, 140 Ariz. 579, 581-82 , 684 P.2d 151, 153-54 (1984)); Stanley v. McCarver, 208 Ariz. 219, 221, ¶ 7 , 92 P.3d…
discussed Cited as authority (rule) Richard Sudberry v. State of Arizona
9th Cir. · 2011 · confidence medium
Under Arizona law, once a municipality chooses to provide police protection, the police department has a “duty to act as would a reasonably careful and prudent police department in the same circumstances.” Austin v. City of Scottsdale, 140 Ariz. 579 , 684 P.2d 151, 154 (1984) (en banc).
examined Cited as authority (rule) Vasquez v. State of Az. St. of Az. Dept. of Public Safety (5×) also: Cited "see"
Ariz. Ct. App. · 2008 · confidence medium
And the court has stated that once a municipality has “opted to provide police protection, [it] ha[s] a duty to act as would a reasonably careful and prudent police department in the same circumstances.” Austin v. City of Scottsdale, 140 Ariz. 579, 581-82 , 684 P.2d 151, 153-54 (1984).
examined Cited as authority (rule) Vasquez v. State (10×) also: Cited "see"
Ariz. Ct. App. · 2008 · confidence medium
And the court has stated that once a municipality has “opted to provide police protection, [it] ha[s] a duty to act as would a reasonably careful and prudent police department in the same circumstances.” Austin v. City of Scottsdale, 140 Ariz. 579, 581-82 , 684 P.2d 151, 153-54 (1984).
discussed Cited as authority (rule) Lorenzo Sanchez, Sr. v. Old Pueblo Anesthesia, Pc
Ariz. Ct. App. · 2008 · confidence medium
We merely hold that, under the particular circumstances here, where the Sanchezes’ inability to remedy the violation of § 12-2604 within the deadline arose from Old Pueblo’s approximate six-month delay in raising a challenge on that basis, such a drastic sanction is not supported by the record before us. 15 579, 581, 684 P.2d 151, 153 (1984) (sanction of dismissal “‘harsh and not to be invoked except under extreme circumstances’”), quoting Buchanan v. Jimenez, 18 Ariz. App. 298, 299 , 501 P.2d 567, 568 (1972). ¶26 For the foregoing reasons, we affirm the trial court’s conclusio…
discussed Cited as authority (rule) Porter v. Triad of Arizona (L.P.)
Ariz. Ct. App. · 2002 · confidence medium
That court has also observed that simply because “children are not named plaintiffs but are merely beneficiaries does not preclude them from being ‘parties’ to the litigation.” Austin v. City of Scottsdale, 140 Ariz. 579, 580-81 , 684 P.2d 151, 152-53 (1984). ¶ 19 We do not believe that further analysis is required in order to conclude that Arizona’s wrongful death statutes endow a minor with his own cause of action.
discussed Cited as authority (rule) Muthukumarana v. Montgomery County (2×)
Md. · 2002 · confidence medium
Austin v. City of Scottsdale, 140 Ariz. 579 , 684 P.2d 151, 154 (1984) (failure to act immediately on an emergency call, even though it was anonymous); DeLong v. County of Erie, 60 N.Y.2d 296 , 469 N.Y.S.2d 611 , 457 N.E.2d 717, 721-22 (1983); Bratton v. Welp, 145 Wash.2d 572 , 39 P.3d 959, 961 (2002); St.
cited Cited as authority (rule) Souza v. Fred Carries Contracts, Inc.
Ariz. Ct. App. · 1997 · confidence medium
Ariz. 579, 581, 684 P.2d 151, 153 (1984), quoting Buchanan v. Jimenez, 18 Ariz.App. 298, 299 , 501 P.2d 567, 568 (1972) (citation omitted).
cited Cited as authority (rule) Galati v. Lake Havasu City
Ariz. Ct. App. · 1996 · confidence medium
Austin v. City of Scottsdale, 140 Ariz. 579, 581-82 , 684 P.2d 151, 153-54 (1984); Grimm v. Arizona Bd. of Pardons & Paroles, 115 Ariz. 260, 267 , 564 P.2d 1227, 1234 (1977).
discussed Cited as authority (rule) King v. Industrial Commission
Ariz. Ct. App. · 1989 · confidence medium
R413-145, Rule 37(b)(2), Arizona Rules of Civil Procedure, our supreme court has stated that “the sanction of dismissal though within the sound discretion of the trial court ... is harsh and not to be invoked except under extreme circumstances.” Austin v. City of Scottsdale, 140 Ariz. 579, 581 , 684 P.2d 151,153 (1984).
discussed Cited "see" Sanchez v. Old Pueblo Anesthesia, P.C. (2×)
Ariz. Ct. App. · 2008 · signal: see · confidence high
See Austin v. City of Scottsdale, 140 Ariz. 579, 581 , 684 P.2d 151, 153 (1984) (sanction of dismissal “ ‘harsh and not to be invoked except under extreme circumstances’ ”), quoting Buchanan v. Jimenez, 18 Ariz.App. 298, 299 , 501 P.2d 567, 568 (1972). ¶ 26 For the foregoing reasons, we affirm the trial court’s conclusion that the Sanchezes were required to provide an affidavit in compliance with § 12-2604 as a prerequisite to presenting testimony regarding the appropriate standard of care for an anesthesiologist under the circumstances of the case.
discussed Cited "see" McDonald v. City of Prescott (2×)
Ariz. Ct. App. · 2000 · signal: see · confidence high
See Newman v. Maricopa County, 167 Ariz. 501, 504 , 808 P.2d 1253, 1256 (App.1991). ¶ 14 Although a police officer’s responsibilities do not include road maintenance per se, Prescott, “having opted to provide police protection, had a duty to act as would a reasonably careful and prudent police department in the same circumstances.” Austin v. City of Scottsdale, 140 Ariz. 579, 581-82 , 684 P.2d 151, 153-54 (1984).
discussed Cited "see" Hutcherson v. City of Phoenix (2×)
Ariz. · 1998 · signal: see · confidence high
See Austin v. City of Scottsdale, 140 Ariz. 579, 581-82 , 684 P.2d 151, 153-54 (1984).
examined Cited "see" Hutcherson v. City of Phoenix (4×)
Ariz. Ct. App. · 1996 · signal: see · confidence high
See Austin, 140 Ariz. at 581-82 , 684 P.2d at 153-54 ; Ryan, 134 Ariz. at 311 , 656 P.2d at 600 .
discussed Cited "see, e.g." Fried v. Archer (2×)
Md. Ct. Spec. App. · 2001 · signal: see, e.g. · confidence low
See, e.g., Austin v. City of Scottsdale, 140 Ariz. 579 , 684 P.2d 151 (1984) (dispatcher owed duty based on anonymous call regarding death threat against specific person at specific address); Hutcherson v. City of Phoenix, 188 Ariz. 183 , 933 P.2d 1251, 1256-57 (App.1996), rev'd in part on other grounds, 192 Ariz. 51 , 961 P.2d 449 (1998) (dispatcher owed duly to identified 911 caller asking for protection at specific address). 8 .
Retrieving the full opinion text from the archive…
Wallace AUSTIN, Special Administrator of the Estate of Jesse Austin, Deceased, for and on Behalf of the Deceased’s Children and Mother, Plaintiff-Appellant,
v.
CITY OF SCOTTSDALE, a Municipal Corporation, Defendant-Appellee
17276-PR.
Arizona Supreme Court.
Jun 14, 1984.
684 P.2d 151
Robert Stephan, Jr., Phoenix, for plaintiff-appellant., O’Connor, Cavanagh, Anderson, West-over, Killingsworth & Beshears, by M.E. Rake, Jr., Larry L. Smith, Phoenix, for defendant-appellee.
Cameron, Feldman, Gordon, Hays, Holohan.
Cited by 36 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 90%
Citer courts: Arizona Supreme Court (1) · Court of Appeals of Arizona (1)
GORDON, Vice Chief Justice:

At 10:33 p.m. Thursday, May 6, 1976, an anonymous caller telephoned the Scottsdale Police Department and told the dispatcher that she had information that a certain person’s life “might be in danger.” The caller refused to give her name or the source of her information and said she did not know who was to be the perpetrator. However, she identified the potential victim[*580] as Jesse Austin, gave his current residence as the Arizona State Hospital in Phoenix, and indicated that he was to be released from the hospital at 4:30 p.m. the following day to spend the weekend at a townhouse on Glenrosa (a street in Scottsdale). In response the dispatcher informed the caller that, because of lack of identity of the perpetrator and lack of a specific address, “we can’t do much * * *. We’ll keep an eye out.” The dispatcher looked in the city telephone directory and, finding no Jesse Austin on Glenrosa, did nothing further in regard to the call.

At the time of the call, there was a patient by the name of Jesse Austin in the Arizona State Hospital. He was scheduled to be released for a weekend pass at 4:30 p.m. on Friday, May 7, 1976. His weekend was to be spent at his brother Wally Austin’s townhouse on Glenrosa in Scottsdale. Jesse Austin did leave the Arizona State Hospital on the afternoon of May 7 and went to his brother’s townhouse. He was found dead there on Saturday, May 8,1976, having been stabbed approximately twenty-five times. [1]

Jesse Austin’s estate, on behalf of his children and his mother, sued the City of Scottsdale in a wrongful death action. Pri- or to trial, the matter was dismissed as to the Austin children as a sanction for their repeated failure to appear for scheduled depositions. The matter went to trial with the estate appearing only on behalf of Jesse Austin’s mother. After the estate’s opening argument, the City of Scottsdale was granted a directed verdict on the entire action. Timely appeal was filed from both the dismissal and the directed verdict. Each was affirmed by the Court of Appeals in a memorandum decision and the estate petitioned this Court to review the matter. We have jurisdiction pursuant to Ariz. Const, art. 6, § 5(3) and Ariz.R.Civ.App.P. 23. We vacate the Court of Appeals’ memorandum decision. The trial court’s dismissal of the Austin children prior to trial is affirmed. The directed verdict in favor of Scottsdale is reversed and the matter remanded for further proceedings.

DISMISSAL OF THE CHILDREN

During the pendency of the trial, the City of Scottsdale sought to depose the three beneficiaries on whose behalf the action was filed. The depositions of Jesse Austin’s two children, Jesse, Jr. and Shirley, were scheduled for September 11, 1979, September 12, 1979, September 17, 1979, November 15, 1979, November 29, 1979, January 3, 1980, February 19, 1980, March 20, 1980, June 16, 1980, July 28, 1980, and August 21, 1980. Neither Jesse, Jr. nor Shirley appeared at any of the scheduled times.

On March 5, 1980, the City of Scottsdale moved, pursuant to Ariz.R.Civ.P. 37(b), for dismissal of the two children from the lawsuit. In April, after the children missed yet another of the scheduled depositions, the trial court ordered each of them to submit to a deposition not later than fourteen days prior to trial and further ordered that, if they did not make themselves available, they would be dismissed from the suit. Because the children failed to appear for a deposition, they were dismissed from the action on the day of trial.

The estate argues on appeal that, because the children were not named plaintiffs in the action, rule 37(b) could not be applied to them. We disagree.

The only possible plaintiff in a wrongful death action pursuant to A.R.S. § 12-612 is the surviving spouse, the personal representative, the parent, or the guardian. Solomon v. Harman, 107 Ariz. 426, 489 P.2d 236 (1971). The class of possible beneficiaries, however, is different and may include the surviving spouse, the children, the parents, or the estate of the deceased. Id. That children are not named plaintiffs but are merely beneficiar[*581] ies does not preclude them from being “parties” to the litigation. Indeed, A.R.S. § 12-613, which establishes the measure of damages in wrongful death actions, indicates that damages shall be given “to the surviving parties who may be entitled to recover” (emphasis added). Similarly, in Hurt v. Superior Court, 124 Ariz. 45, 601 P.2d 1329 (1979), this Court answered affirmatively the question of whether both a surviving parent and a surviving child of the deceased could be proper parties under the wrongful death statute.

Rule 37(b)(2) provides that sanctions may be imposed against a party who fails to obey an order to provide or permit discovery. The sanction of dismissal, though within the sound discretion of the trial court, A. G. Rancho Equipment Co. v. Massey-Ferguson, Inc., 123 Ariz. 122, 598 P.2d 100 (1979), is “harsh and not to be invoked except under extreme circumstances,” Buchanan v. Jimenez, 18 Ariz.App. 298, 299, 501 P.2d 567, 568 (1972). We do not find dismissal to be an inappropriate sanction here. The two children had ample opportunity to allow the taking of their depositions. They were subpoenaed for at least one of the scheduled depositions and were under court order to appear prior to trial. They did not appear even for the trial itself. Because there was no evidence of the amount of the children’s damages, had the matter gone to the jury, any damages awarded to them would have been speculative at best. Given these circumstances, their dismissal from the action was not an abuse of discretion and is affirmed.

However, the record before us reveals that the children were possibly out of the country when their depositions were sought. They were in the custody of their mother and her current husband and did not respond to any correspondence from their grandmother, their father’s estate’s administrator, or its attorney. There is some intimation in the record that the true facts of their father’s murder have been kept from them and that they are unaware of this legal action, the discovery attempts, or the court order. If this is true, the children should not be precluded from seeking relief from the judgment against them pursuant to Ariz.R.Civ.P. 60(c)(6).

DIRECTED VERDICT

As noted above, the City of Scottsdale requested and was granted a directed verdict after the estate had made its opening statement. We have previously indicated that the bringing of such a motion at that point in trial is a “vestige of past practice, without specific authorization in the modern Rules of Civil Procedure.” Trollope v. Koerner, 106 Ariz. 10, 14, 470 P.2d 91, 95 (1970). We also have indicated that such a motion

“is tolerated, only, as a means of ending quickly a cause that clearly cannot be won. * * * We must assume plaintiffs’ ability to prove the facts [advanced in opening statement], and we must also view the stated and proffered facts before us in the light most favorable to plaintiffs’ position.”

Id. (footnotes omitted).

Both parties argued and the trial court decided the directed verdict motion based on Massengill v. Yuma County, 104 Ariz. 518, 456 P.2d 376 (1969). Under Massengill and its progeny, a public entity was liable to an individual in tort only when an official, by his or her conduct, had narrowed the obligation owed to the general public into a specific obligation owed to that individual. This Court overruled Massengill in Ryan v. State, 134 Ariz. 308, 656 P.2d 597 (1982) announcing that:

“We shall no longer engage in the speculative exercise of determining whether the tort-feasor has a general duty to the injured party, which spells no recovery, or if he had a specific individual duty which means recovery. Thus, the parameters of duty owed by the state will ordinarily be coextensive with those owed by others.”

Id. at 310, 656 P.2d at 599 (citations omitted).

Under Ryan, therefore, the City of Scottsdale, having opted to provide po[*582] lice protection, had a duty to act as would a reasonably careful and prudent police department in the same circumstances. [2] The Court of Appeals recognized this duty in its memorandum decision but found no breach. We reemphasize that we view the facts before us in the light most favorable to the estate. We find several proffered facts which, if established and if believed by the jury, would demonstrate that a reasonably careful and prudent police department would have done more than did the Scottsdale Police Department in this case and that the actions which were taken were insufficient to meet the standard of care. The first of these facts is that the Scottsdale Police Department violated its own procedure for handling telephone calls such as the one received in this case. The City of Scottsdale acknowledged in its response to interrogatories that the call in question was an “emergency” call. According to the Scottsdale Police Department’s Manual of Procedure §§ 4090.0 and 4090.1, an emergency call is classified as urgent, requires immediate attention, and is to be assigned to the most readily available unit. This procedure was not followed. The second relevant fact is that the Supervisor of Patrolmen of the Scottsdale Police Department acknowledged in his deposition that the police department “should have attempted to inform [the victim] or his family of the threat.” This was not done. The estate was also prepared to present expert testimony to the jury that the Scottsdale Police Department failed to act reasonably in the circumstances. A former Chief of Police of the Phoenix Police Department indicated by affidavit (1) that the Scottsdale Police Department failed to act in a reasonable, careful manner; (2) that the Scottsdale Police Department failed to provide reasonable protection as would other municipal police departments; and (3) that the Scottsdale Police Department’s failure to act on the information concerning the potential murder1 of Jesse Austin and specifically its failure to notify the Arizona State Hospital where Jesse Austin was confined was clearly negligent and involved a serious risk of harm. Because we believe that a reasonable jury could find that the City of Scottsdale breached its duty by not doing more than it did, we cannot uphold the directed verdict.

The memorandum opinion of the Court of Appeals is vacated; the trial court’s dismissal of the children is affirmed; the directed verdict in favor of the City of Scottsdale is reversed and the matter is remanded to the trial court for further proceedings.

HOLOHAN, C.J., and HAYS, CAMERON and FELDMAN, JJ., concur.
1

. Further facts concerning the conspiracy to murder Jesse Austin and the source of the telephone caller’s information can be found in State v. Dwyer, 120 Ariz. 291, 585 P.2d 900 (App. 1978). Briefly, Sandra Austin (the victim’s wife) and Edward Dwyer (the wife’s boyfriend) paid Anthony Ridings $1,500.00 to murder Jesse Austin.

2

. This is not a duty to protect each citizen within the City of Scottsdale’s geographic boundaries from all harms. By establishing a police department, a municipality becomes neither a general insurer of safety nor absolutely liable for all harms to its citizens. Cf. DeLong v. County of Erie, 60 N.Y.2d 296, 457 N.E.2d 717, 469 N.Y.S.2d 611 (1983).