The Arizona Supreme Court will hear a case to decide if states are liable for problems with their roadways. The decision could also affect local governments.
The case involves a fatal car crash from 2007 that happened just outside of Phoenix on Interstate 10. A car crossed over into oncoming traffic injuring Diana Glazer and killing two of her family members.
A jury held the Arizona Department of Transportation at fault for not having proper safety equipment, such as a median. The Appeals Court upheld this ruling, but the state appealed. John Leader is the attorney for Diana Glazer.
“As we understand the state's claim, they are not asking just that they be excused from liability here, but they’re asking that any municipality that is responsible for a roadway, that from this point on, they never be responsible for problems with the roadways,” Leader said.
According to Leader, state law says liability is the rule and immunity is the exception. The Arizona Supreme Court will hear the case on Dec. 9.
