POLLARD v. GOLDSMITH

No. 1 CA-CIV 3447.

117 Ariz. 363 (1977)

572 P.2d 1201

Donald C. POLLARD, Administrator of the Estate of Mary McKibben Pasley, Deceased, for and on behalf of Mary Jane McKibben, a minor, and Stephen L. McKibben, a minor, surviving children of Mary McKibben Pasley, Deceased, Appellants, v. M.L. GOLDSMITH, M.D. and Jane Doe Goldsmith, his wife, Appellees.

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

December 20, 1977.


Attorney(s) appearing for the Case

Hofmann, Salcito & Stevens, P.A. by Daniel R. Salcito, Leroy W. Hofmann, Michael D. Hawkins, William B. Revis, Ltd. by William B. Revis, Phoenix, for appellants.

Black, Robertshaw, Frederick, Copple & Wright, P.C., by Jon R. Pozgay, Law Offices of Richard T. Ball by Richard T. Ball, Phoenix, for appellees.


OPINION

EUBANK, Acting Presiding Judge.

This is an appeal from the trial court's grant of summary judgment for the defendant in a medical malpractice action. The issue is whether the plaintiffs' response to the defendant's motion for summary judgment showed that they would be able to offer evidence at trial establishing the applicable standard of care, and thereby created a genuine issue as to a material fact precluding summary judgment. We hold that the response...

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