ABERNETHY v. SMITH

No. 1 CA-CIV 1778.

17 Ariz. App. 363 (1972)

498 P.2d 175

John R. ABERNETHY and Barbara Abernethy, husband and wife, Appellants, v. Noel G. SMITH and Jane Doe Smith, husband and wife, et al., Appellees.

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

Rehearing Denied July 12, 1972.

Review Denied September 19, 1972.


Attorney(s) appearing for the Case

John R. Abernethy, in pro. per.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Robert G. Beshears, Phoenix, for appellees Smith and Brewer.

Snell & Wilmer, by Loren W. Counce, Jr., Phoenix, for appellees Mertz.


CASE, Judge.

Plaintiffs filed suit on 18 November 1970 in the Superior Court of Maricopa County against defendants, all duly licensed physicians, alleging medical malpractice, breach of contract and defendants' wrongful abandonment of plaintiff-husband as a patient. The trial judge granted defendants' motions for summary judgment upon the ground that the suit was barred by the statute of limitations and upon the further ground that plaintiffs were unable to present...

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