Zuck V. State

Appellant Perl A. Zuck (plaintiff) appeals from the trial court's order granting appellees' (defendants') motion for summary judgment. The main issue on appeal is whether the trial court correctly interpreted the amendment of the statute changing the effect of imprisonment as a disability, A.R.S. § 12-502(B), in applying the statute of limitations to bar plaintiff's claims that he was denied prompt medical care and treatment while an inmate with the Arizona Department of Corrections. Because we hold that the trial court incorrectly interpreted the applicable statute of limitations and because the motion is not supportable on other grounds, we reverse the granting of summary judgment.