Young V. City Of Scottsdale

¶1 Phillip Young filed a tort claim with the City of Scottsdale, and the City denied the claim. Young then filed this lawsuit, and the City obtained summary judgment on grounds that Young did not comply with the claim statute, Arizona Revised Statutes Annotated ("A.R.S.") section 12-821.01 (Supp. 1997). Young appeals, and we reverse and remand. We hold that the claim statute neither overrules Hollingsworth v. City of Phoenix, 164 Ariz. 462, 793 P.2d 1129 (App. 1990), nor abrogates the discovery rule. We affirm as to Young's wife because she filed no claim.