In a split decision, the court of appeals reversed. Estate of Braden v. State, 225 Ariz. 391, 397–99 ¶¶ 24–36, 238 P.3d 1265, 1271–73 (App.2010). The majority concluded that the State was not exempt from liability under § 46–455.
¶ 17 We recognize that APSA is a remedial statute that should be broadly construed to effectuate the legislature's purposes in enacting it. See Estate o/Braden ex ret. Gabaldon, 585 Ariz. Adv. Rep. 23, 225 Ariz. 391, 238 P.3d 1265 (App. 2010). "But the duty to liberally construe . . . a statutory scheme requires judges `to interpret the law to insure that what the law gives is not withheld'; it does not permit judges to act with `free-handedness-largess' to alter, amend or expand the provision being construed."