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RUSSO v. DIETHRICH

No. 1 CA-CIV 4642.

126 Ariz. 522 (1980)

617 P.2d 30

Philip J. RUSSO and Karen Russo, his wife, Plaintiffs-Appellants, v. Edward B. DIETHRICH, M.D., Robert Payne, M.D., Samuel A. Kinard, M.D., Defendants-Appellees.

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

Rehearing Denied September 9, 1980.

Review Denied September 30, 1980.

Attorney(s) appearing for the Case

Norman Herring, Phoenix, for plaintiffs-appellants.

Martori, Meyer, Hendricks & Victor by Edwin F. Hendricks, R. Douglas Dalton, Andrew D. Hurwitz, Phoenix, for defendants-appellees.

OPINION

JACOBSON, Judge.

The sole issue raised in this appeal of a medical malpractice case is whether the plaintiff knew or should have known of the alleged malpractice more than two years prior to filing his action so as to be barred by the applicable statute of limitations.

This tort action, based upon medical malpractice, was filed on November 7, 1975 by the plaintiffs, Philip J. Russo and Karen Russo, his wife, against defendants Edward

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