In Re Estate of Winn

237 P.3d 628, 225 Ariz. 275
CourtCourt of Appeals of Arizona
DecidedSeptember 9, 2010
Docket1 CA-CV 09-0649
StatusPublished
Cited by7 cases

This text of 237 P.3d 628 (In Re Estate of Winn) 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
In Re Estate of Winn, 237 P.3d 628, 225 Ariz. 275 (Ark. Ct. App. 2010).

Opinion

237 P.3d 628 (2010)

In the Matter of the ESTATE OF Mary WINN, Deceased.
The Estate of Mary Winn, Deceased, by and through its Personal Representative, George Winn, Plaintiff/Appellant,
v.
Plaza Healthcare, Inc., an Arizona corporation dba Plaza Healthcare; Plaza Healthcare Scottsdale Campus, an Arizona corporation dba Plaza Healthcare, Defendants/Appellees.

No. 1 CA-CV 09-0649.

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

August 10, 2010.
As Corrected September 9, 2010.

Law Offices of David L. Abney By David L. Abney, Phoenix, Attorneys for Plaintiff/Appellant.

*629 Jones, Skelton & Hochuli, P.L.C. By Eileen Dennis Gilbride, David S. Cohen, Phoenix, Attorneys for Defendant/Appellee.

OPINION

DOWNIE, Judge.

¶ 1 The Estate of Mary Winn ("appellant" or "the estate") appeals the superior court's ruling that it may not recover damages for the "inherent value" of Mary Winn's life in this suit brought pursuant to Arizona's Adult Protective Services Act ("APSA"). For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2 Mary Winn died on February 6, 1999, after residing for less than a month in a nursing facility operated by Plaza Healthcare. In September 2003, a lawsuit was filed against the facility and its parent company ("appellees"), alleging, inter alia, abuse of a vulnerable adult pursuant to Arizona Revised Statutes ("A.R.S.") sections 46-454 and -455 (Supp. 1998).[1]

¶ 3 The estate filed a "Motion for Summary Judgment on the Value of Human Life as Recoverable in Damages." Conceding that Mrs. Winn was "ill and elderly ... long-retired and had no realistic earning capacity or potential," the motion argued that the estate nevertheless could recover damages under APSA for the "inherent or intrinsic value" of her life. After briefing and oral argument, the superior court denied appellant's motion ("July 2007 ruling").[2] Appellees subsequently moved for partial summary judgment, seeking a determination that the estate could not recover for pre-death pain and suffering because there was no evidence of such damages. In response, the estate conceded there was "no evidence one way or the other on [Mrs. Winn's] pre-death pain and suffering." The superior court thus granted appellees' motion.

¶ 4 In August 2008, the estate filed an Arizona Rule of Civil Procedure 60(c) motion, seeking to set aside the July 2007 ruling. The superior court denied the motion and referred the case to compulsory arbitration because the estate conceded its remaining damages were less than $50,000. The arbitrator ruled in favor of appellees.[3] On August 13, 2009, the superior court filed its final judgment, and the estate timely appealed. We have jurisdiction pursuant to A.R.S. §§ 12-120.21(A)(1) and — 2101(B) (2003).[4]

DISCUSSION

¶ 5 The superior court concluded that APSA does not "provide[] for damages for the inherent value of a human life in the words `actual damages' set forth in A.R.S. § 46-455(F)(4)."[5] We review this determination de novo. See Burns v. Davis, 196 Ariz. 155, 159, ¶ 4, 993 P.2d 1119, 1123 (App. 1999) (citing Ashton-Blair v. Merrill, 187 Ariz. 315, 317, 928 P.2d 1244, 1246 (App. 1996)).

¶ 6 When originally enacted, APSA criminalized abuse of an incapacitated or vulnerable adult. In re Guardianship/Conservatorship of Denton, 190 Ariz. 152, 155, 945 P.2d 1283, 1286 (1997). One year later, it was expanded to create a civil cause of action. Id. "The legislature thereby distinguished *630 civil actions for elder abuse from other personal injury actions and created a statutory civil cause of action for elder abuse." Id. (citing 1989 Ariz. Sess. Laws, ch. 118, § 1 (1st Reg. Sess.)).

¶ 7 Section 46-455(B) allows a vulnerable adult "whose life or health is being or has been endangered or injured by neglect, abuse or exploitation" to file an action in superior court against certain persons or enterprises. If liability is established, the court may order "the payment of actual and consequential damages, as well as punitive damages, costs of suit and reasonable attorney fees, to those persons injured." A.R.S. § 46-455(F)(4).

¶ 8 The relevant inquiry is not, as appellant posits, whether a human life such as Mrs. Winn's has inherent value. The issue is whether the loss of life is an "actual damage" that is compensable under APSA. Like the superior court, we conclude it is not.

¶ 9 When construing a statute, we first consider its language, which is "the best and most reliable index of the statute's meaning." Zamora v. Reinstein, 185 Ariz. 272, 275, 915 P.2d 1227, 1230 (1996) (citing State v. Williams, 175 Ariz. 98, 100, 854 P.2d 131, 133 (1993)). Courts "will not read into a statute something that is not within the manifest intent of the legislature as indicated by the statute itself." City of Tempe v. Fleming, 168 Ariz. 454, 457, 815 P.2d 1, 4 (App.1991) (citing Town of Scottsdale v. State ex rel. Pickrell, 98 Ariz. 382, 386, 405 P.2d 871, 873 (1965)). "Nor will we `inflate, expand, stretch, or extend a statute to matters not falling within its express provisions.'" Pickrell, 98 Ariz. at 386, 405 P.2d at 873 (quoting City of Phoenix v. Donofrio, 99 Ariz. 130, 133, 407 P.2d 91, 93 (1965)).

¶ 10 Actual damages in an APSA case may include pre-death pain and suffering. See Denton, 190 Ariz. at 157, 945 P.2d at 1288. Our supreme court has recognized that pre-death pain and suffering will often be the "most significant" category of damages in such cases because

Persons bringing such cases usually will not have claims for lost earnings or diminution of earning capacity. Their medical and other special damages will usually be covered by Medicare or other insurance.

Denton, 190 Ariz. at 154, 945 P.2d at 1285.

¶ 11 If the legislature had intended to allow damages in an APSA case for the death of an individual, it presumably would have said so. Cf. Estate of McGill ex rel. McGill v. Albrecht, 203 Ariz. 525, 530-31, ¶ 20, 57 P.3d 384, 389-90 (2002) (finding the legislature "surely knows how to require a showing of gross negligence [in an APSA case], having used that term in a great number of statutes." (citing A.R.S. § 33-1551(C)(2))). Compare, for example, A.R.S. § 12-561

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Bluebook (online)
237 P.3d 628, 225 Ariz. 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-estate-of-winn-arizctapp-2010.