Court of Appeals of Arizona, First Division, Division One
Not for Publication Rule 111(c), Rules of the Arizona Supreme Court
Appeal from the Superior Court in Maricopa County CV2010-018676 The Honorable John Rea, Judge
Kimberly A. Staley, Peoria By Kimberly A. Staley Counsel for Plaintiff/Appellant
Jones, Skelton & Hochuli, P.L.C., Phoenix By Eileen Dennis GilBride William D. Holm Counsel for Defendant/Appellee
Judge John C. Gemmill delivered the decision of the Court, in which Presiding Judge Maurice Portley and Judge Kent E. Cattani joined.
¶1 Shirron Reid ("Shirron") appeals from a Maricopa County Superior Court grant of summary judgment dismissing her claims of negligence, assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent supervision, and wanton negligence against Daniela Reid ("Daniela"). Because the record on appeal reveals no issues of material fact and Daniela owed no legal duty to Shirron or her minor children, we affirm the summary judgment.
¶2 The legal history between the parties is extensive, and we only briefly recount the facts important to resolving this appeal. Randall and Daniela Reid divorced in 2003 while Daniela lived in Illinois and Randall in New Mexico. Two sons were born to them while married, one of whom was Robert, who suffers from Asperger's Syndrome. The Illinois court presiding over the divorce granted Daniela custody of their sons. Randall received reasonable visitation that eventually included the boys staying with him during the summer months. Later, Randall married Shirron, who had two daughters from a previous relationship. Randall and Shirron soon after had a son, who lived with them and Shirron's two daughters.
¶3 By 2007, both Daniela and her sons and Randall and his family lived in Maricopa County. Randall filed a petition in 2007 asking the Maricopa County Superior Court to award him sole custody of their two sons. A custodial reevaluation occurred, but the superior court left the custody arrangement relatively unchanged from what the Illinois court established in 2003. Randall appealed the superior court's order, which this court addressed in Reid v. Reid, 222 Ariz. 204, 213 P.3d 353 (App. 2009). After we remanded the case to the superior court, Robert turned eighteen, and the parties settled.
¶4 In July 2008, while staying with Randall for the summer, Robert, then 16 years old, was swimming in the backyard pool with his siblings and step-siblings. At some point, Robert grabbed one of Shirron's daughters ("Jane Doe") and pushed her under water. The other children in the pool began screaming and attempted to force Robert to release Jane Doe. The commotion brought out Randall and Shirron, who had been in the kitchen of their home. In the course of the event, Robert was seen touching Jane Doe's breasts and the area around her genitals. Robert admitted to inappropriately touching Jane Doe, but conflicting explanations emerged as to what caused Robert to attack. Robert later pled delinquent as part of a plea agreement to one count of attempted molestation of a child, a class 3 felony.
¶5 Nearly two years after the incident, Shirron brought a tort action on behalf of herself and her children against Robert and Daniela. Shirron's complaint sought damages from Robert and Daniela based on claims of negligence, assault, battery, intentional infliction of emotional distress, negligent infliction of emotional distress, negligent supervision, and "wanton negligence." The complaint also sought punitive damages. Robert and Daniela proceeded as separate parties, with each filing a separate answer to the complaint. In May 2011, Robert filed a notice of settlement with Shirron, and the trial court dismissed Robert from the action with prejudice in October 2011. Litigation on the complaint continued between Shirron and Daniela.
¶6 Daniela filed a motion for summary judgment in April 2012, which was fully briefed and argued. The trial court granted Daniela's motion. Shirron's motion to reconsider was denied, and the court entered final judgment in September 2012, dismissing Shirron's complaint and granting Daniela $168 in double taxable costs, $27, 989.28 in sanctions pursuant to Arizona Rule of Civil Procedure 68(g), and $3, 401.37 in costs. Shirron timely appeals, and we have ...