Arizona Court of Appeals Affirms Summary Judgment for RCDM Client Based on Statute of Limitations on Personal Injury Claim
The Arizona Court of Appeals recently issued a memorandum decision to affirm a summary judgment ruling in favor of a Renaud Cook Drury Mesaros, PA (RCDM) client fighting a personal injury dram shop claim. RCDM attorneys Steve Mesaros and Kelly Hedberg worked on behalf of the defendant in the case (Fitz et al. v. Colton Group LLC, et al., 1 CA-CV19-02591).
The plaintiff appealed a ruling from Maricopa County Superior Court, granting summary judgment in favor of the defendant arising from a motor vehicle accident that occurred in 2012 after an intoxicated driver struck the plaintiff’s vehicle.
Since plaintiff waited until December 2016 to assert his dram shop claim, the defendant was granted summary judgment in its favor based on the statute of limitations. Steve and Kelly successfully showed in their answering brief that the plaintiff failed to investigate circumstances related to the injuries he sustained from the motor vehicle accident that would have allowed him to proceed with his dram shop claim within the limitations period. Judge Diane M. Johnson affirmed finding the statute of limitations on his dram shop claim had expired before filing because the discovery rule did not toll the limitations period.
Steve has more than three decades of legal experience in insurance law, and he heads the firm’s Insurance and Professional Liability Litigation practice groups with a commitment to delivering value to clients. A business executive as well as a seasoned litigator, he knows firsthand the challenges his clients face when running their businesses and understands the importance of being practical, efficient, creative and results-oriented to achieve success for his clients and the firm in professional liability cases. Steve also has broad experience handling appellate matters in both Arizona and Federal Courts.
Kelly’s practice focuses on insurance coverage and bad faith litigation, and she also has experience defending corporations against claims, including professional liability. Kelly also has an evolving appellate practice where she has been successful in upholding judgments in favor of her clients involving a diverse range of claims from wrongful death to professional liability.