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NEERIEMER v. SUPERIOR COURT OF MARICOPA COUNTY

No. 1 CA-CIV 1540.

13 Ariz. App. 460 (1970)

477 P.2d 746

Elmer NEERIEMER, Petitioner, v. The SUPERIOR COURT OF MARICOPA COUNTY and the Honorable Kenneth C. Chatwin, Respondent; Lewis BROWN and Jane Doe Brown, his wife and John Eisenbeiss and Jane Doe Eisenbeiss, his wife, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied December 31, 1970.

Review Denied January 12, 1971.

Attorney(s) appearing for the Case

Molloy, Jones, Hannah, Trachta & Coolidge by John F. Molloy, Tucson, and Norman Herring, Phoenix, for petitioner.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Ralph Hunsaker, Phoenix, for respondent Judge and real parties in interest.

HAIRE, Judge.

The petitioner by this special action seeks to reverse a ruling by the respondent trial judge that where the original complaint in a medical malpractice action alleges negligence in the performance of a surgical operation, an amended complaint which alleges a battery by reason of a failure to obtain the "informed consent" of the plaintiff to the operation does not "relate back" to the time of filing of the original complaint so as to defeat application...

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