Walk v. Ring

166 Citing cases

  1. Humphrey v. State

    249 Ariz. 57 (Ariz. Ct. App. 2020)   Cited 23 times
    Rejecting an argument because adopting it "would run counter to the plain language and the purposes of §§ 12-821 and -821.01"

    Under that rule, a cause of action accrues when the plaintiff knows he or she has been injured and has a "reason to connect [the injury] to a particular [cause, source, act, event, instrumentality, or condition] in such a way that a reasonable person would be on notice to investigate whether the injury might result from fault." Walk v. Ring , 202 Ariz. 310, 316, ¶ 22, 44 P.3d 990, 996 (2002) (emphasis added); see Doe v. Roe , 191 Ariz. 313, 322, ¶ 29, 955 P.2d 951, 960 (1998) ("A cause of action [accrues when] the plaintiff knows or with reasonable diligence should know the facts underlying the cause.") (emphasis added). ¶24 The State argues Humphrey's claim accrued as a matter of law by November 7, 2008, at the latest.

  2. Kopacz v. Banner Health

    425 P.3d 586 (Ariz. Ct. App. 2018)   Cited 15 times

    The date such a claim accrues is subject to the "discovery rule." See Walk v. Ring , 202 Ariz. 310, 314–17, ¶¶ 14–26, 44 P.3d 990, 994–96 (2002). Under that rule, a claim accrues when the plaintiff has reason to connect her injury with a "causative agent" such that "a reasonable person would be on notice to investigate whether the injury might result from fault."

  3. Kowalczyk v. May

    1 CA-CV 10-0559 (Ariz. Ct. App. Oct. 25, 2011)

    Kiley v. Jennings, Strouss & Salmon, 187 Ariz. 136, 139, 927 P.2d 796, 799 (App. 1996). The two-year limitation begins upon discovery — that is, when a plaintiff knew or should have known of the negligence, its cause, and the resulting harm. Keonjian, 216 Ariz. at 565, ¶ 9, 169 P.3d at 929; see Walk v. Ring, 202 Ariz. 310, 316, ¶ 22, 44 P.3d 990, 996 (2002). In Walk, our supreme court stated that "it is not enough that a plaintiff comprehends a 'what'; there must also be reason to connect the 'what' to a particular 'who' in such a way that a reasonable person would be on notice to investigate whether the injury might result from fault."

  4. Thompson v. Pima County

    226 Ariz. 42 (Ariz. Ct. App. 2010)   Cited 64 times
    Holding that a trial court did not err in granting summary judgment on a statute of limitations defense where plaintiffs "unquestionably were aware of the necessary facts underlying their cause of action" as of a certain date, thereby establishing that "there was no genuine issue of material fact" as to when discovery should have occurred

    The pertinent question thus is when did the Thompsons know or when should they reasonably have known the "cause, source, act, event, instrumentality or condition which caused or contributed to" Taylor's accident. § 12-821.01(B). ¶ 11 The Thompsons acknowledge that in Walk v. Ring, 202 Ariz. 310, ¶ 22, 44 P.3d 990, 996 (2002), our supreme court stated that for a cause of action to accrue, "it is not enough that a plaintiff comprehends a what'; there must also be reason to connect the `what' to a particular who' in such a way that a reasonable person would be on notice to investigate whether the injury might result from fault." They argue, however, that when "the facts are insufficient, and an investigation is needed to determine how the what' is related to the who', it seems that the investigation ought to be allowed to be completed before any time begins to run."

  5. Little v. State

    225 Ariz. 466 (Ariz. Ct. App. 2010)   Cited 49 times
    Holding that cause of action accrues when plaintiff knew or should have known that he was injured by a defendant's negligent act

    The relevant inquiry is when did a plaintiffs "`knowledge, understanding, and acceptance in the aggregate provide[] sufficient facts to constitute a cause of action.'" Walk v. Ring, 202 Ariz. 310, ¶ 23, 44 P.3d 990, 996 (2002), quoting Doe v. Roe, 191 Ariz. 313, ¶ 36, 955 P.2d 951, 962 (1998). ¶ 10 Here, we must determine whether the trial court correctly concluded that Johnson's filing the Board complaint on Little's behalf marked the accrual of her claim for purposes of § 12-821.0KB).

  6. Wichansky v. Zowine

    No. CV-13-01208-PHX-DGC (D. Ariz. Aug. 31, 2016)

    Citations to the docket are to page number added to the top of each page by the Court's CM/ECF system, not to original page numbers on the document. Defendants contend, pursuant to Walk v. Ring, 44 P.3d 990 (Ariz. 2002), that the evidence shows that Plaintiff's fiduciary duty claim accrued in 2009 or 2010, well outside of the two-year statute of limitations period. Plaintiff's knowledge of billing issues and Zowine's hostile conduct, Defendants assert, triggered a duty to investigate in 2010 and early 2011.

  7. Satamian v. Great Divide Ins. Co.

    545 P.3d 918 (Ariz. 2024)   Cited 13 times

    A plaintiff, however, "need not know all the facts underlying a cause of action to trigger accrual." Walk v. Ring, 202 Ariz. 310, 316 ¶ 22, 44 P.3d 990, 996 (2002) (quoting Doe, 191 Ariz. at 323 ¶ 32, 955 P.2d at 961). The ability "to identify that a wrong occurred and caused injury" is sufficient.

  8. Humphrey v. State

    No. 1 CA-CV 16-0570 (Ariz. Ct. App. Dec. 5, 2019)

    " Thompson v. Pima County, 226 Ariz. 42, 46, ¶ 12 (App. 2010). Under that rule, a cause of action accrues when the plaintiff knows he or she has been injured and has a "reason to connect [the injury] to a particular [cause, source, act, event, instrumentality, or condition] in such a way that a reasonable person would be on notice to investigate whether the injury might result from fault." Walk v. Ring, 202 Ariz. 310, 316, ¶ 22 (2002) (emphasis added); Doe v. Roe, 191 Ariz. 313, 322, ¶ 29 (1998) ("A cause of action [accrues when] the plaintiff knows or with reasonable diligence should know the facts underlying the cause.") (emphasis added). ¶22 The State argues Humphrey's claim accrued as a matter of law by November 7, 2008, at the latest; but Humphrey counters that accrual is a factual question that is "usually and necessarily" for the jury to determine and cannot be decided as a matter of law.

  9. Greyhound Lines Inc. v. Viad Corp.

    No. CV-15-01820-PHX-DGC (D. Ariz. Nov. 21, 2016)   Cited 3 times

    " Id. at 967. Courts have recognized that statutes of limitations are intended to protect defendants from stale claims where plaintiffs have slept on their rights, but "[a] blamelessly uninformed plaintiff cannot be said to have slept on his rights." Walk v. Ring, 44 P.3d 990, 995-96 (Ariz. 2002). The key "inquiry in applying the discovery rule is whether the plaintiff's injury or the conduct causing the injury is difficult for plaintiff to detect."

  10. Cruz v. City of Tucson

    401 P.3d 1018 (Ariz. Ct. App. 2017)   Cited 43 times
    In Cruz, the Arizona Court of Appeals affirmed that the continuing wrong doctrine exists in Arizona and explained that, under the doctrine, "a tort claim based on a series of related wrongful acts is considered continuous" such that "accrual begins at the termination of the wrongdoing, rather than the beginning."

    Put another way, "the core question" of when a claim accrued is not when the plaintiff was conclusively aware she had a cause of action against a particular party, but instead when "a reasonable person would have been on notice to investigate." Walk v. Ring , 202 Ariz. 310, ¶¶ 23–24, 44 P.3d 990, 996 (2002). ¶ 9 An abuse-of-process claim requires the plaintiff to show "(1) a willful act in the use of judicial process; (2) for an ulterior purpose not proper in the regular conduct of the proceedings."