Arizona Supreme Court
Estate of Jacob Braden, by and Through Its Personal Representative, Tonya Gabaldon, Plaintiff/appellant v. The…
November 30, 2011228 Ariz. 323
Summary
The court held that the Adult Protective Services Act does not authorize a damages action against the State because the statutory definition of "enterprise," read in context and under applicable interpretive canons, does not include the State. The court therefore vacated the court of appeals' decision and affirmed summary judgment for the State. Justice Bales, dissenting, would have construed APSA broadly to permit liability against the State as a legal entity.