VAN CAMPEN v. UPJOHN COMPANY

No. 2 CA-CIV 1186.

19 Ariz. App. 81 (1973)

504 P.2d 1304

Lucille VAN CAMPEN, Appellant, v. The UPJOHN COMPANY, a corporation, and Robert Oliver, Appellees.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 6, 1973.

Review Denied March 13, 1973.


Attorney(s) appearing for the Case

Paul G. Rees, Jr., Tucson, for appellant.

Chandler, Tullar, Udall & Richmond, by D. Burr Udall, Tucson, for appellee Robert Oliver.

Black, Robertshaw & Frederick, P.C., by Steven D. Copple, Phoenix, for appellee Upjohn Co.


HATHAWAY, Chief Judge.

This is an appeal from two separate orders of the superior court; one dismissing plaintiff's (Lucille Van Campen) medical malpractice complaint against Dr. Robert Oliver on the theory that the suit was barred by the statute of limitations; the other dismissing the complaint against Upjohn, a pharmaceutical company, on the grounds that the action had abated under Rule 6(f) for failure to serve the complaint within one year from filing.

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