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Acuna v. Kroack and Hampton - 1/31/2006

Arizona Court of Appeals Division Two Issues Amended Opinion Apportioning 100% of the Fault to One Defendant.

After the Court of Appeals issued its opinion covered in an October 1, 2005 post, Plaintiff/Appellee Mark Acuna moved for reconsideration. Finding the motion well taken, the Court vacated its original opinion and issued this one in its place. The Amended Opinion largely follows the reasoning of the prior opinion, but finds the evidence of negligent entrustment insufficient. Accordingly, the Amended Opinion vacates the portion of the trial court’s judgment apportioning liability against Hampton on the negligent entrustment claim, modifies the judgment to apportion 100% of the fault against Kroack (which the jury had apportioned Kroack with 70% fault and Hampton with 30% fault), and remands the case to the trial court with directions to enter judgment in favor of Acuna and against Kroack for $200,000, the full amount of the judgment.

Justice Pelander authored the decision in which Judges Espinosa and Druke (sitting by designation to replace Judge Florez) joined.

Posted On: 1/31/2006