Ruling Upholds Arizona Jury Verdict in DUI Suspect’s Death

November 5, 2014

An Arizona court has upheld jurors’ verdict clearing the state of liability in the death of a Tucson woman killed when a motorist slammed into a Highway Patrol officer’s car where the woman was in custody during her DUI arrest.

The Court of Appeals upheld a jury verdict that found the state had no fault in the 2009 death of Faith Mascolino.

A conservator for Mascolino’s surviving minor children sued the state and the other driver, but jurors ruled that only Mascolino and the other driver were responsible.

Lawyers in the case didn’t ask jurors to explain their verdict, but the Court of Appeals said a reasonable jury could have concluded that Mascolino’s death resulted from her DUI violation and that a law on legal immunity for the state applied.

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