April Abigail Guerra, a Single Woman, Plaintiff/appellant v. State of Arizona, a Governmental Entity; Robert…

Summary

The court held that law enforcement officers do not assume a duty of care to an accident victim’s family merely by notifying the family of the victim’s apparent death or injury. Because the claim challenged the officers’ investigation and identification of the decedent rather than the manner of delivering the notification, neither an undertaking-based relationship nor public policy supported imposing a duty. The court vacated the relevant portion of the court of appeals’ decision and affirmed summary judgment for the State. Chief Justice Bales, joined by Justice Berch, dissented, concluding that undertaking to provide a next-of-kin notification creates a duty of reasonable care.