Aegis of Arizona, L.L.C. v. Town of Marana

1 Catherine Smyser, individually and on behalf of her children and the parents of her late husband, Aaron Smyser, appeals from a jury verdict in favor of the City of Peoria (the City) in her medical malpractice and wrongful death suit. Catherine argues that the superior court erred in finding that (1) Arizona Revised Statutes (A.R.S.) § 9-500.02(A) (Supp. 2005) is a constitutionally permissible grant of qualified immunity to the City for its provision of emergency medical services, (2) provision of such services is a governmental function, (3) the statute does not abrogate a cause of action for simple negligence in violation of the Arizona Constitution, (4) Catherine was not entitled to a spoliation of evidence instruction, and (5) the City could ask witnesses if the Citys paramedics and emergency medical technicians (EMTs) had used their best efforts. Catherine also asserts that the trial court erred in awarding a monetary sanction to the City based on a pre-trial offer of judgment. For the following reasons, we affirm the judgment in part but vacate the award of sanctions and remand for entry of an amended judgment in the Citys favor.