Robert Fleming, Conservator

Summary

The court held that qualified immunity under A.R.S. § 12-820.02(A)(7) applies only when the injured person was driving or in actual physical control of a motor vehicle at the time of injury. Because Faith Mascolino was seated in a police cruiser after her arrest when she was killed, the trial court erred by instructing the jury on that immunity. The court reversed the superior court’s judgment and remanded for further proceedings, while leaving the statute’s “attributable to” requirement unresolved.