Summarize Judge C.J. Exum’s reasons for disagreeing with the majority of judges. In other words, why did he disagree with the holding in this case.
Read State v. Far West Water and Sewer Incl, 228 P. 3D 909 [Ariz. CT. APP. 2010].
1. State the facts leading to the death of James Gamble.
2. Explain under what circumstances an enterprise may be held criminally liable under Arizona law.
3. What is the legal basis in Arizona law for finding that Far West as an enterprise is liable for negligent
homicide?
4. Describe why the court concludes that Weidman and Noll acted in a criminal fashion. Why are the
actions of Noll and Weidman attributed to Far West?
5. Does it make sense to hold a corporation criminally liable, as well as individuals within the corporation?
