gross negligence standard (Arizona) · Go Syfert
← Arizona issues

gross negligence standard in Arizona

10 Arizona opinions name it 2 courts 1970–2026 3 in the last five years

The cases below were cited by Arizona courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
Badia v. City of Casa Grandegreen
arizctapp · 1999 · cited in 1 Arizona opinions naming this issue, 2026–2026
1 sentence

2026To establish a gross negligence claim, the plaintiff “essentially must show wanton misconduct that is flagrant and evinces a lawless and destructive spirit.” Badia v. City of Casa Grande, 195 Ariz. 349, 356, ¶ 27 (App. 1999) (citation modified). ¶39 In granting summary judgment on Erma’s wrongful death claim against Cervantes based on negligence, the superior court held the claim precluded by our supreme court’s decision in Ryan v. Napier, 245 Ariz. 54 (2018).

11
Copper Hills Enterprises, Ltd. v. Arizona Department of Revenuegreen
arizctapp · 2007 · cited in 1 Arizona opinions naming this issue, 2025–2025
1 sentence

2025See Copper Hills Enters., Ltd. v. Ariz. Dep’t of Revenue, 214 Ariz. 386, 391, ¶ 15 (App. 2007) (recognizing that law of the case doctrine only precludes trial court from reaching issues that appellate court decided expressly or by necessary implication).

11
Walls v. Arizona Department of Public Safetygreen
arizctapp · 1991 · cited in 1 Arizona opinions naming this issue, 2022–2022
1 sentence

2022Walls involved an appeal from the superior court’s grant of summary judgment in favor of defendants on the plaintiff’s gross negligence claim. 170 Ariz. at 592, 596 .

11
Sherman v. First American Title Insurancegreen
arizctapp · 2002 · cited in 1 Arizona opinions naming this issue, 2020–2020
1 sentence

2020Co., 201 Ariz. 564, 567, ¶ 6 (App. 2002). ¶13 The gross negligence claim, for which Camelot argues Genaro’s owes a duty based on this same contractual relationship, also fails as futile.

11
Estate of McGill Ex Rel. McGill v. Albrechtgreen
ariz · 2002 · cited in 1 Arizona opinions naming this issue, 2015–2015
2 sentences

2015McGill v. Albrecht, 203 Ariz. 525 , 530-31 ¶ 20, 57 P.3d 384, 389-90 (2002) (declining to read a gross-negligence standard of care into a statute where legislature created that standard in other statutes but did not in the statute at issue).

2015McGill v. Albrecht, 203 Ariz. 525 , 530-31 ¶ 20, 57 P.3d 384, 389-90 (2002) (declining to read a gross-negligence standard of care into a statute where legislature created that standard in other statutes but did not in the statute at issue).

11
Stone v. Arizona Highway Commissiongreen
ariz · 1963 · cited in 1 Arizona opinions naming this issue, 1996–1996
2 sentences

1996Id. at 309 , 656 P.2d at 598 (citing Stone v. Arizona Highway Comm'n, 93 Ariz. 384, 392 , 381 P.2d 107, 112 (1963)). "[T]he right to sue the state is not a statutory grant, as is the case in several other states; rather, it is a common law rule in Arizona that the government is liable for its tortious conduct and immunity is the exception." Pritchard v. State, 163 Ariz. 427, 431 , 788 P.2d 1178, 1182 (1990).

1996Id. at 309 , 656 P.2d at 598 (citing Stone v. Arizona Highway Comm'n, 93 Ariz. 384, 392 , 381 P.2d 107, 112 (1963)). "[T]he right to sue the state is not a statutory grant, as is the case in several other states; rather, it is a common law rule in Arizona that the government is liable for its tortious conduct and immunity is the exception." Pritchard v. State, 163 Ariz. 427, 431 , 788 P.2d 1178, 1182 (1990).

11
Pritchard v. Stategreen
ariz · 1990 · cited in 1 Arizona opinions naming this issue, 1996–1996
2 sentences

1996Id. at 309 , 656 P.2d at 598 (citing Stone v. Arizona Highway Comm'n, 93 Ariz. 384, 392 , 381 P.2d 107, 112 (1963)). "[T]he right to sue the state is not a statutory grant, as is the case in several other states; rather, it is a common law rule in Arizona that the government is liable for its tortious conduct and immunity is the exception." Pritchard v. State, 163 Ariz. 427, 431 , 788 P.2d 1178, 1182 (1990).

1996Id. at 309 , 656 P.2d at 598 (citing Stone v. Arizona Highway Comm'n, 93 Ariz. 384, 392 , 381 P.2d 107, 112 (1963)). "[T]he right to sue the state is not a statutory grant, as is the case in several other states; rather, it is a common law rule in Arizona that the government is liable for its tortious conduct and immunity is the exception." Pritchard v. State, 163 Ariz. 427, 431 , 788 P.2d 1178, 1182 (1990).

11
Eria v. Texas Eastern Transmission Corp.green
nyed · 1974 · cited in 1 Arizona opinions naming this issue, 1991–1991
1 sentence

1991On this same issue, the court in Eria v. Texas Eastern Transmission Corp., 377 F.Supp. 344, 345 (E.D.N.Y.1974), stated as follows: “While it is true that leave to amend a pleading is usually freely given, ... if the amended pleading could be defeated by a motion for summary judgment, [the court’s] grantpng] [of] leave to amend would be a futile gesture.” Therefore, the trial court did not abuse its discretion in denying Walls’ leave to amend his complaint.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Arizona. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
L.W. v. Dee Grubbs Thomas Nelson Marlin Hutton Richard Hill green
ca9 · 1996
2 sentences

2003Grubbs II, 92 F.3d at 897 . ¶23 Two years after the Ninth Circuit’s Grubbs II decision, the Supreme Court reviewed another Ninth Circuit decision in an analogous area of § 1983 liability.

2003The court stated: While Neely can be distinguished on its facts from the present case, its language . . . is either incorrect to the extent that it approves the gross negligence standard, or it must be limited to the claims of inmate plaintiffs injured because of a miscarriage of the “professional judgment of a government hospital official” in the context of a captive plaintiff. 16 Grubbs II, 92 F.3d at 897 . ¶23 Two years after the Ninth Circuit’s Grubbs II decision, the Supreme Court reviewed another Ninth Circuit decision in an analogous area of § 1983 liability.

22003–2003
County of Sacramento v. Lewis green
scotus · 1998
1 sentence

2003Sacramento, 523 U.S. 833 .

12003–2003
Ryan v. State red
ariz · 1982
2 sentences

1996Id. at 309 , 656 P.2d at 598 (citing Stone v. Arizona Highway Comm'n, 93 Ariz. 384, 392 , 381 P.2d 107, 112 (1963)). "[T]he right to sue the state is not a statutory grant, as is the case in several other states; rather, it is a common law rule in Arizona that the government is liable for its tortious conduct and immunity is the exception." Pritchard v. State, 163 Ariz. 427, 431 , 788 P.2d 1178, 1182 (1990).

1996Id. at 309 , 656 P.2d at 598 (citing Stone v. Arizona Highway Comm'n, 93 Ariz. 384, 392 , 381 P.2d 107, 112 (1963)). "[T]he right to sue the state is not a statutory grant, as is the case in several other states; rather, it is a common law rule in Arizona that the government is liable for its tortious conduct and immunity is the exception." Pritchard v. State, 163 Ariz. 427, 431 , 788 P.2d 1178, 1182 (1990).

11996–1996
Bryan v. Southern Pacific Company green
ariz · 1955
2 sentences

1970As authority for the gross negligence instruction the appellant cites the case of Bryan v. Southern Pacific Company, 79 Ariz. 253 , 286 P.2d 761 (1955).

1970As authority for the gross negligence instruction the appellant cites the case of Bryan v. Southern Pacific Company, 79 Ariz. 253 , 286 P.2d 761 (1955).

11970–1970

Statutes the citing opinions construe

AZ § Ariz. Rev. Stat. § 12-2101 (4) AZ § Ariz. Rev. Stat. § 12-120.24 (3) USC § 42u.s.c.1983 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 85 (1977–2026) MI 82 (1922–2026) NC 31 (1993–2025) NY 31 (1945–2025) SC 23 (1992–2025) DE 15 (2000–2024) GA 14 (1937–2025) VA 14 (1933–2024) MD 13 (1979–2024) IA 13 (2000–2026) WA 12 (1930–2018) CA 10 (1991–2023) AZ 10 (1970–2026) VT 10 (1995–2024) UT 9 (2008–2025) WI 9 (1973–1995) TN 8 (1935–2024) DC 7 (1994–2025) OR 7 (1985–2016) NJ 6 (1986–2020) FL 6 (1986–2025) MN 5 (1989–2005) PA 5 (1966–2026) CT 5 (1988–2019) LA 4 (1997–2015) KY 3 (1998–2021) MA 3 (1975–2020) AK 2 (2015–2019) CO 2 (2024–2025) NH 2 (1959–1995) MT 2 (1983–2007) RI 2 (1990–2001) OK 2 (2016–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check