Arizona Court Upholds Law on Lawsuits Involving DUI

April 7, 2009

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The Arizona Court of Appeals upheld the constitutionality of a law that limits the state’s liability in negligence lawsuits stemming from motor-vehicle accidents caused by drunken-drivers.

A three-judge panel upheld a jury verdict for the state in a negligence suit filed by the mother of a man killed in April 2003. Lee Bryan DeVries lost control of his convertible and was asphyxiated by a Loop 101 freeway median barrier cable.

DeVries’ blood-alcohol level was over the legal limit and the state successfully asserted limited immunity under the liability law.

The Court of Appeals says the law is constitutional because it only denies claims by drunken-drivers.

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Latest Comments

  • April 8, 2009 at 10:01 am
    Jeff says:
    I think the problem IS those cable baracades. I live here and I always thought those cables were not a great way to keep cars from crossing over into traffic. I think I have s... read more
  • April 7, 2009 at 3:03 am
    David says:
    I think what they are saying is, the guy would not have had the accident had he not been drunk.
  • April 7, 2009 at 1:07 am
    What? says:
    What? Drunk people have rights also. I don't think this guys estate should get any money but if something is unsafe and you are negligent then what difference does it make i... read more
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