Arizona Supreme Court

Torres v. Jai Dining Services

October 16, 2023

Summary

The court held that Arizona's anti-abrogation clause protects only rights of action that existed at statehood or are based on rights existing at statehood. Because dram-shop liability was barred by the common law in 1912 and was first recognized later, the legislature could limit dram-shop claims to the statutory cause of action without violating the Arizona Constitution. The court vacated the court of appeals' opinion, affirmed its result, and remanded for entry of judgment for JAI.