HUTTON v. DAVIS

No. 2 CA-CIV 2024.

26 Ariz. App. 215 (1976)

547 P.2d 486

Arthur J. HUTTON, Conservator of the Estates of Michel Triste, Calistro M. Triste, Jr., and Maria D. Triste, minors, Appellant, v. Milton DAVIS, Jr., Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied April 20, 1976.

Review Denied May 18, 1976.


Attorney(s) appearing for the Case

Mesch, Marquez & Rothschild, P.C. by Alfred C. Marquez, Figueroa & Miller by Jesse J. Figueroa, Tucson, for appellant.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by John H. Killingsworth, Phoenix, for appellee.


OPINION

HOWARD, Chief Judge.

The issue to be decided in this case is whether a covenant not to sue executed by a decedent before his death bars a subsequent action for wrongful death brought on behalf of his surviving minor children.

Calistro M. Triste became seriously incapacitated during surgery at which Dr. Milton Davis, Jr. served as anesthesiologist. On September 16, 1970, Calistro M. Triste and Josephine Triste, husband and wife, filed a complaint...

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