Summerfield v. Superior Court
In Summerfield v. Superior Court, 144 Ariz. 467, 698 P.2d 712 (1985), the court reasoned that employing traditional principles of statutory construction to divine whether the legislature intended the term "person" to include a viable fetus would be unworkable because it is unlikely the legislature considered the issue when it passed the wrongful death statute. 144 Ariz. at 475, 698 P.2d at 720.
Thus, the court resolved the issue by studying the statute, the best method to further the general legislative goal in adopting the statute, and common law principles governing its application. Id.