AZ Supreme Court:  City of Mesa; Gustavo Williams v. The Honorable Timothy Ryan, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa; Philip Rogers 

Case No.No. CV-23-0284-PR Filed October 17, 2024

ISSUES:
1. Whether Philip Rogers complied with A.R.S. §12-821.01(A) by serving notices of claim on the City of Mesa and its employee, Gustavo Williams, that offered to settle Rogers’ personal injury claim for “$1,000,000 or the applicable [insurance] policy limits, whichever are greater.”

2. What constitutes a “specific amount for which the claim can be settled” under A.R.S. §12-821.01(A).

DECISION:
1. The court concluded that Rogers’ settlement offer was insufficiently specific to comply with §12-821.01(A).

2. The court determined that providing “a specific amount for which the claim can be settled” requires either recitation of a single, exact number or setting forth a basis for the public entity to precisely calculate the settlement offer amount.

Synopsis:
This case involves the interpretation of Arizona’s notice of claim statute, A.R.S. §12-821.01(A), which requires a person with a claim against a public entity or employee to serve a notice containing “a specific amount for which the claim can be settled.” The court emphasized that the statute requires strict compliance and that the settlement amount must be specific and unambiguous.

Outcome of the Case:
The Supreme Court of Arizona reversed the superior court’s order denying the motion to dismiss and remanded with instructions to dismiss Rogers’ claims.

Appellate Court Case Docket (PDF)