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Hayes v. U.S. Airways Group, Inc.

Court of Appeals of Arizona, First Division

December 10, 2013

ANDREW HAYES, Plaintiff/Appellant,
v.
US AIRWAYS GROUP, INC., a foreign corporation; U.S. AIRWAYS, INC., a foreign corporation, Defendants/Appellees.

Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. CV2012-001443 The Honorable John Rea, Judge

The Roll Law Office, P.L.L.C., Tempe By Guy P. Roll Counsel for Plaintiff/Appellant

Jones, Skelton & Hochuli, P.L.C., Phoenix By Kevin D. Neal, Jonathan P. Barnes, Jr. Counsel for Defendants/Appellees

Presiding Judge Lawrence F. Winthrop delivered the decision of the Court, in which Judge Margaret H. Downie and Judge Jon W. Thompson joined.

MEMORANDUM DECISION

WINTHROP, Presiding Judge

¶1 Andrew Hayes appeals the trial court's judgment dismissing his complaint against U.S. Airways Group. Inc. and U.S. Airways, Inc. (collectively, "U.S. Airways") for failure to state a claim upon which relief can be granted. See Ariz. R. Civ. P. ("Rule") 12(b)(6). For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY[1]

¶2 In March 2012, Hayes filed a pro se complaint against U.S. Airways, alleging "Personal Injury; Tort; Negligence; [and] Negligent Retention." Hayes alleged he had been attacked and beaten in an Ahwatukee high school parking lot by two assailants - Edward George Myer and Hayes' ex-wife, Valerie, both employees of U.S. Airways.[2] Hayes further alleged that U.S. Airways and some of its employees knew or should have known of a "meretricious relationship" between Myer and Valerie; that animosity, ill will, disputes, and threats had resulted between himself and the assailants before the attack; and that Myer and Valerie were "unfit for their jobs" and likely to harm him. Hayes maintained U.S. Airways and its employees had done nothing to intervene, warn him, or report the situation to law enforcement authorities before he was assaulted.

¶3 U.S. Airways moved to dismiss the complaint pursuant to Rule 12(b)(6), arguing that (1) the alleged actions of Myer and Valerie were outside the course and scope of their employment, (2) neither U.S. Airways nor its employees had a duty to control Myer's and Valerie's conduct toward Hayes, and (3) Hayes' alleged injury was unrelated to the nature of Myer's and Valerie's work with U.S. Airways.

¶4 In a minute entry filed September 21, 2012, the trial court granted U.S. Airways' motion to dismiss. Pursuant to Arizona Revised Statutes section 12-2101(A)(1) (West 2013), [3] we have jurisdiction over Appellant's timely appeal of the trial court's final judgment dismissing Hayes' complaint with prejudice.

ANALYSIS

I. Applicable Law and Standard of Review

¶5 Pursuant to Rule 8(a)(2), Ariz. R. Civ. P., all pleadings that set forth a claim for relief shall contain "[a] short and plain statement of the claim showing that the pleader is entitled to relief." "If a pleading does not comply with Rule 8, an opposing party may move to dismiss the action for '[f]ailure to state a claim upon which relief can be granted.'" Cullen v. Auto-Owners Ins. Co., 218 ...


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