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 legal duty to an accident victim’s family merely by notifying them of the victim’s apparent death. Because the negligence claim was based on the allegedly deficient investigation and inaccurate identification, rather than the manner of delivering the notification, the court concluded that no duty arose under common-law undertaking principles or public policy. Chief Justice Bales, joined by Justice Berch, dissented, arguing that officers who undertake next-of-kin notifications should owe a duty of reasonable care.