Arizona Supreme Court

Estate of Jacob Braden, by and Through Its Personal Representative, Tonya Gabaldon, Plaintiff/appel — Bales, J…

November 30, 2011228 Ariz. 323

Summary

The dissent would construe the vulnerable-adult-protection statute to permit civil damages claims against the state because the statute applies to any person or enterprise, defines enterprise to include any legal entity, and does not clearly exclude governmental entities. It rejects the majority's reliance on the absence of a serial comma, ejusdem generis, the enforcement scheme, and the availability of some remedies only against certain defendants. Justice Bales would affirm the court of appeals' reversal of summary judgment for the State and remand for further proceedings.