Delci v. Gutierrez Trucking Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that adoption of the Restatement (Third) “requires an evaluation of competing public policies that is more appropriately addressed to the Arizona Supreme Court.”
• providing that whether a defendant owes the plaintiff a common law duty is a threshold issue; absent some duty, an action for negligence cannot be maintained
• applying Gipson and holding that duty determinations in pre- Gipson cases \premised on a foreseeability analysis\ are \no longer valid\
• “[A]bsent Arizona law to the contrary, Arizona courts will usually apply the law of the Restatement.”

Source: CourtListener parenthetical corpus (CC0).