Natseway v. City of Tempe
In Natseway v. City of Tempe, 184 Ariz. 374, 909 P.2d 441 (App. 1995) a driver, while intentionally fleeing the police, was speeding in excess of 85 m.p.h., weaving in and out of traffic, and running red lights. Id. at 375, 909 P.2d at 442.
One of the issues addressed was whether such grossly negligent or reckless driving constituted an intentional tort.
The Natseway court said "no," explaining:
We conclude, however, that Mendoza cannot be considered an intentional tortfeasor in this case. At most, Mendoza was reckless or grossly negligent in causing the harm to the Plaintiffs' daughter. Although he was intentionally fleeing from the police and consciously disregarded a substantial risk of causing harm to others, he had no specific intent to harm the Plaintiffs' daughter. Id. at 376, 909 P.2d at 443.