Hutcherson v. City Of Phoenix

961 P.2d 449 (1998)

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Nature of the Case

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Facts

Burt called 911 to report harassment, and threats to kill her family from her ex-boyfriend. From a prior night’s incident, she had gone to the police to get a restraining order but was told to wait until Monday when the courts were open. Gardner had tried to locate her, twice showing up at a friend's residence in the early morning hours. Burt fled to the apartment of her new boyfriend, Darryl Usher, a professional football player. The 911 operator obtained the details of Gardner's address and told Burt that she would send an officer. Burt was scared and deeply concerned that something bad was going to happen because of the threats and all night pursuit. Twenty-two minutes after Burt's call to 911, Craig Gardner went through the front window of Usher's apartment and fatally shot both Darryl Usher and Chiquita Burt. He then put the gun to his own head and killed himself. P's mother sued D for wrongful death. The police had improperly categorized the call as a Priority 3 call. Even when a witness reported the shooting itself, it still took the police 7 minutes to arrive on the scene. The jury found D negligent and awarded P $600,000, and Usher's mother $1.1 million. The jury assigned seventy-five percent of the liability to D. D moved alternatively for a new trial, a remittitur, or judgment notwithstanding the verdict. They were denied, and D appealed. The court of appeals reversed in that D was not three times at fault for the wrongful deaths as Gardner who intentionally killed two people. P appealed.