Arizona court upholds ruling in Carl's Jr. case

Howard Fischer, Capitol Media Services Businesses can’t be held liable for dangerous conditions on their property unless those injured can prove the company knew or should have known about it. The Arizona Court of Appeals has upheld the decision of a trial judge who threw out a complaint filed by the parents of a girl they said was injured in 2004 on playground equipment at a Carl’s Jr. restaurant in Nogales. The judges said there was no basis to let the claim go to trial. In their lawsuit, Luis and Celina Martinez said their daughter, Ivana, hurt herself on the slide at the restaurant. They said the cause of the injury was a bolt or screw that was protruding. In response to pre-trial questioning, the couple admitted that they were not alleging that MJKL Enterprises, which owns the restaurant, or any of its employees were... [read full story]