Cramer v. Starr
Arizona Supreme Court
375 P.3d 69 (2016)
Relevant factsFree
Cramer (defendant) caused a car accident injuring Munguia (plaintiff), who then had surgery that may have worsened her symptoms; when Munguia sued Cramer for her injuries, Cramer filed a notice naming Munguia's treating physician, Dr. Ehteshami, as an at-fault nonparty for the surgical outcome. The trial court struck that notice based on the original-tortfeasor doctrine, and Cramer sought review.
IssueFree
Whether, in allocating fault under a comparative fault system, a factfinder may consider a nonparty's negligence or fault if the plaintiff gives notice of such fault.