Shaner v. Tucson Airport Authority, Inc

In Shaner v. Tucson Airport Authority, Inc., 117 Ariz. 444, 573 P.2d 518 (App. 1977) the Court discussed the evidence necessary to establish a reasonable causal connection in a case involving the criminal acts of a third party. In that case, Leesa Shaner was abducted from a parking lot at the Tucson airport and murdered. 117 Ariz. at 446, 573 P.2d at 520. Her husband, Gary Shaner, sued the airport, alleging that it had negligently lit and secured the parking lot. Id. at 447-48, 573 P.2d at 521-22. In support of his claim, Shaner offered the testimony of a security expert that inadequate lighting and security caused Leesa's kidnapping and death. Id. at 448, 573 P.2d at 522. The Court rejected this testimony as speculative and not a proper subject of expert testimony because it did not require special knowledge and would have invaded the jury's province. Id. The Court held, "Shaner's evidence shows at most, a possibility that the inadequate lighting and security was a substantial factor in bringing about Leesa's abduction, but does not rise to the level of a reasonable probability." Id.