A Tucson man who struck and killed a motorcyclist in April 2005 wasn’t working at the time of the crash and his employers should not be held accountable for the victim’s death, a Pima County jury decided late Wednesday.
Aaron Anaya Jr., 21, died on April 14, 2005, after being struck and killed by Gregory Artz, 48, near South Sheridan Avenue and South Kinney Road.
Tests showed Artz had a blood-alcohol level of more than 0.30 at the time of the crash. Artz was sentenced to 15 years in prison on manslaughter and driving under the influence charges in March 2006.
Over the last few weeks, attorneys hired by Anaya’s parents tried to convince a Pima County jury that Artz was on his way to work at the time of the crash and his employers should be held accountable.
Plaintiff’s attorney Elliot Glicksman tried to convince jurors that Artz regularly obtained diesel fuel on his way to work as a backhoe operator for Strunk Excavating.
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Joel DeCiancio, who represented Robert "Bucky" Strunk and Betty Strunk, told jurors during opening statements that Artz really was on his way to drop off his taxes that morning.
On Wednesday, the jury ruled that Artz did “negligently” cause Artz death and awarded Anaya’s parents, JoAnna Aguilar and Aaron Anaya, $250,000 in compensatory and punitive damages, said court spokesman David Ricker.
However, the jury also ruled that Artz wasn’t acting in the “course and scope” of his job at the time of the crash, Ricker said.
Judge John Kelly of Pima County Superior Court presided over the trial.
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