Kimberly Sayre - Senior Counsel

Kimberly Sayre is Senior Counsel at Tyson & Mendes’ Scottsdale office. Her practice focuses on bad faith litigation, catastrophic personal injury, traumatic brain injury cases, complex regional pain syndrome, insurance coverage disputes, nursing home neglect, paraplegic, professional liability, and wrongful death cases. She has been practicing exclusively in the area of personal injury litigation for 25 years.

Ms. Sayre is board certified in personal injury and wrongful death by the State Bar of Arizona. She has been lead counsel in over 38 jury trials in Maricopa County. She has argued in front of the Arizona Court of Appeals and successfully argued a case in front of the Arizona Supreme Court.

Ms. Sayre obtained her J.D. from St. Thomas University School of Law in 1994. She obtained her B.A. in sociology from The University of Florida in 1991. In 2019, she was nominated and admitted into the American Board of Trial Advocates (ABOTA).

In her free time, Ms. Sayre enjoys time with her children. She also enjoys cooking, traveling and rooting for Florida Gator football.

Recent Posts

Two Remote Court Proceedings That Are Here to Stay

The past two years have dramatically changed the legal practice, and some of those changes may be here to stay.  At the beginning of the pandemic, many courts closed completely. Now, court rules are in flux.  Bench trials have been remote; jury trials have been hybrid; and court appearances have been conducted remotely via teleconference and video conference. While some of these changes are temporary adaptations, some are likely permanent.  Attorneys should expect continued hearing and jury disruptions.

Connecting the Dots: Prep The Experts

It is important to prepare experts for anything they may encounter on the stand. In Sampson v. Surgery Center of Peoria, the Supreme Court discussed an issue regarding testimony from an expert witness who testified in a medical malpractice case.

The Arizona Supreme Court Issued a New Opinion on the Statute of Limitations and Calling Attention to the Underlying Claims of an Alter Ego Case in Specialty Companies Group v. Meritage Homes of Arizona

The Arizona Supreme Court issued a new opinion on the statute of limitations in an alter ego case. In Specialty Companies Group v. Meritage Homes of Arizona, the court called attention to the underlying claim of an alter ego case.

Arizona Plaintiff Must Prove She Would Have Prevailed in Underlying Case to Recover in Legal Malpractice Claim

A recent decision in Division One of the Court of Appeals held plaintiff must prove she would have prevailed in the underlying claim as an essential element of a legal malpractice claim.[i] In Bellemare v. Lemon Law Group Partners, the Court of Appeals set aside the verdict in favor of plaintiff Carol Bellemare and held a plaintiff must prove the case within the case.  In other words, she must be able to prove, but for the attorney’s negligence, she would have been successful in the underlying case.  To meet this burden in the legal malpractice case, plaintiff must present facts sufficient to prove all the elements of the underlying case.

Arizona Treating Physician: Fact Witness or Expert?

Arizona Rule of Civil Procedure 26(b)(4)(F) presumptively limits each side to one expert to testify on a particular issue.  The intent of one-expert-per-side rule is to limit cumulative evidence.  Sanchez v. Old Pueblo Anesthesia, P.C., 218 Ariz. 317, ¶ 18 (App. 2008) (citing Ariz. R. Civ. P. 26 cmt. to 1991 amend.).  While a bright-line rule for determining when a treating physician crosses the line from fact witness to expert witness has been difficult to articulate, some…

Maricopa County Extends Suspension of Civil Jury Trials

Courthouses and court staff are continuously finding creative solutions to provide services while maintaining compliance with public health orders.

Maricopa County Creates Alternative Proceeding to Civil Jury Trial

In response to COVID-19 and its impact on civil jury trials, Maricopa County has created the Late Case Fair Limits Proceedings for all civil cases not assigned to compulsory arbitration. As early as the date upon which discovery and disclosure close, the court may order the parties to participate in the proceeding. A Late Case Fair Limits officer is appointed by the court. This officer can be a current judge who has had no affiliation with the case or any retired judicial officer or attorney.

Maricopa County Superior Court Creates Certified Arbitrator Program in Response to COVID-19

In response to the COVID-19 public health crisis, Maricopa County Superior Court recently announced a new program designed to help move cases to resolution during this unprecedented time. The Certified Arbitrator Program is the result of research conducted by various task forces who studied measures across departments to make court operations and procedures more efficient and responsive. This program allows the parties to any case where the amount in controversy is between $50,001 and $300,000…

Motions to Extend Time for Service Need Closer Consideration

Supreme Court of Arizona addresses conflict between rules for extension of service under Rule 4(i) and its interplay with Rule 6(b), the general rule for extending time.

Stronger Protection for Proprietary Commercial Insurance Documents

Protection for proprietary commercial documents just got stronger in Arizona. The Court of Appeals’ recent decision in Center for Auto Safety v. Goodyearexpressly rejected the old “compelling reasons” standard and instead required a showing of “extraordinary circumstances”.

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