Hamblin v. State

143 P.3d 388, 213 Ariz. 455
CourtCourt of Appeals of Arizona
DecidedSeptember 26, 2006
Docket1 CA-CV 05-0059
StatusPublished
Cited by1 cases

This text of 143 P.3d 388 (Hamblin v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamblin v. State, 143 P.3d 388, 213 Ariz. 455 (Ark. Ct. App. 2006).

Opinion

143 P.3d 388 (2006)

Susan Adele HAMBLIN, surviving spouse of Russell Hamblin, deceased, Nicole Alyssa Hamblin and Kelly Marie Hamblin, her minor daughters, Plaintiffs/Appellants,
v.
STATE of Arizona; Maricopa County Adult Probation Department, Defendants/Appellees.

No. 1 CA-CV 05-0059.

Court of Appeals of Arizona, Division 1, Department B.

September 26, 2006.

*389 David G. Derickson, P.C. By David G. Derickson, Pamela Nicholson, Curtis Rau, Phoenix, Attorneys for Plaintiffs-Appellants.

Iafrate & Associates By Michele M. Iafrate, John Belanger, Phoenix, Attorneys for Defendants-Appellees.

OPINION

THOMPSON, Judge.

¶ 1 Appellants, the survivors of Russell Hamblin (the Hamblins), brought suit for his wrongful death against the State of Arizona and the Maricopa County Adult Probation Department (collectively MCAPD). The Hamblins appeal the summary judgment entered against them. Because we find that MCAPD was not the proximate cause of Russell Hamblin's death, we affirm.

FACTS AND RELEVANT PROCEEDINGS[1]

¶ 2 Russell Hamblin was shot and killed by Roy Salinas (Salinas) during an armed robbery committed by Salinas and two others. At the time of the murder, fifteen-year-old Salinas was on adult probation with MCAPD for having assaulted a corrections officer while detained by the Arizona Department of Juvenile Corrections. Salinas pled guilty to a reduced charge of attempted aggravated assault on a corrections officer, a class 6 offense, and was awaiting the start of his deferred jail term when he shot Russell Hamblin during a robbery.

¶ 3 The Hamblins alleged that MCAPD had a duty to supervise Salinas to ensure that he followed the terms of his probation, that MCAPD was grossly negligent when they failed to arrest Salinas or to seek a warrant for his arrest when Salinas violated his probationary terms, and that MCAPD's willful ignorance of Salinas's conduct allowed Salinas to murder Russell Hamblin.

¶ 4 The trial court initially dismissed the Hamblins' claims against MCAPD for failure to state a claim on grounds of immunity. On appeal from that decision this court reversed, holding that the alleged failure to supervise was not covered by immunity from civil liability, citing Acevedo v. Pima County Adult Probation Department, 142 Ariz. 319, 322, 690 P.2d 38, 41 (1984). We noted that there was an outstanding issue of causation urged below by MCAPD that the trial court had not ruled on. MCAPD argued that causation was lacking and that the Hamblins' claim required speculation that different supervision would have resulted in revocation of Salinas's probation, causing him to be incarcerated on the date that Russell Hamblin was killed. Our reversal of the dismissal *390 order left the Hamblins with the task of developing evidence to support all of the allegations of their complaint and to establish the elements of their claim, including the element of causation.

¶ 5 Following discovery, MCAPD moved for summary judgment on two grounds: an absence of evidence of gross negligence and the absence of non-speculative evidence of causation. The trial court granted MCAPD's motion for summary judgment for "two, separate and independent reasons." The trial court first found insufficient evidence of gross negligence to submit to the jury because, "[a]t every juncture, MCAPD made an `informed decision' . . . [and] did not `willfully ignore' the facts or engage in any inaction which a jury could find to be `gross negligence.'" Causation was the second ground for the trial court's ruling.

¶ 6 The Hamblins sought reconsideration of this ruling by way of a motion for new trial. The trial court entered judgment in favor of MCAPD and denied the Hamblins' motion for new trial. We have jurisdiction over the Hamblins' timely appeal pursuant to Arizona Revised Statutes (A.R.S.) sections 12-120.21(A)(3) (2005) and 12-2101(B)(2005).

DISCUSSION

¶ 7 The Hamblins present two issues for our review:

1. Did the trial court err in failing to find a special relationship under Grimm v. Arizona Board of Pardons and Paroles, 115 Ariz. 260, 564 P.2d 1227 (1977); and
2. Did the trial court err in finding that the Hamblins showed insufficient evidence of causation?

A. Standard of Review

¶ 8 We review a grant of summary judgment de novo. Schwab v. Ames Constr., 207 Ariz. 56, 60, ¶ 17, 83 P.3d 56, 60 (App. 2004) (citation omitted). Summary judgment is appropriate when there are no genuine issues of material fact and when only one inference can be drawn from the undisputed facts. Orme School v. Reeves, 166 Ariz. 301, 305, 802 P.2d 1000, 1004 (1990).

B. Proximate Cause

¶ 9 It is well established that, in order to maintain a negligence action, a tort plaintiff must prove duty, breach of duty, causation and damages. See Ontiveros v. Borak, 136 Ariz. 500, 504, 667 P.2d 200, 204 (1983) (citations omitted). In this matter, our attention is drawn to the element of causation. Causation is an inquiry encompassing both cause in fact and proximate cause. Surely not every wrong committed by every criminal on probation can be laid at the financial doorstep of the government. The question, therefore, that must be addressed is whether the legal causation here is too attenuated to hold the state and the agency liable. We find that it is.

¶ 10 Causation is a two-part inquiry. Both elements, cause in fact and proximate cause, must be present for legal liability to attach. See Blue Shield of Virginia v. McCready, 457 U.S. 465, 478 nn. 12-13, 102 S.Ct. 2540, 73 L.Ed.2d 149 (1982). The first element, cause in fact, involves a factual inquiry as to whether the actor's conduct in any way brought about the loss. See J.R. Norton Co. v. Fireman's Fund Ins. Co., 116 Ariz. 427, 430, 569 P.2d 857, 860 (App.1977). If any reasonable inference of causation is available, cause in fact must be decided by the trier of fact.[2]Id. Cause in fact is not the end of the inquiry, however. See Piper v. Bear Med. Sys., Inc., 180 Ariz. 170, 174, 883 P.2d 407, 411 (App.1993).

¶ 11 The second part of the causation inquiry is proximate cause. Our supreme court defines proximate cause as "that which, in a natural and continuous sequence, unbroken by any efficient intervening cause, produces an injury, and without which the injury would not have occurred." McDowell v. Davis, 104 Ariz. 69, 71, 448 P.2d 869, 871 (1968). That definition highlights the importance of the cause in fact element to proximate *391 cause. Without cause in fact, proximate cause will never be shown. Whether a defendant's conduct that in-fact caused harm is too attenuated from the consequential harm is a question of proximate cause for the court. J.R. Norton, 116 Ariz. at 430, 569 P.2d at 860; see also Fedie v. Travelodge Int'l,

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143 P.3d 388, 213 Ariz. 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamblin-v-state-arizctapp-2006.