Estate of Jacob Braden, by and Through Its Personal Representative, Tonya Gabaldon, Plaintiff/appellant v. The…

Summary

The Arizona Supreme Court held that the Adult Protective Services Act does not authorize damages claims against the State because the State is not included within the statutory definition of an “enterprise” that may be sued. The court relied on the statutory text, the absence of a comma indicating that “other legal entity” referred to entities like labor unions, ejusdem generis and noscitur a sociis, the legislature’s treatment of public entities in other statutes, and APSA’s enforcement structure. The court vacated the court of appeals’ decision and affirmed summary judgment for the State. Justice Bales, dissenting, would have held that the State is a legal entity covered by APSA and would have affirmed reversal of summary judgment.