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LEWIS v. SWENSON

No. 1 CA-CIV 4586.

126 Ariz. 561 (1980)

617 P.2d 69

Rebecca LEWIS, personal representative of the Estate of Helen Jans, deceased, Plaintiff-Appellant, v. Alvin L. SWENSON, M.D., and John H. Seidel, Defendants-Appellees.

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

Rehearing Denied July 24, 1980.

Review Denied September 11, 1980.

Attorney(s) appearing for the Case

Norman Herring, Phoenix, for plaintiff-appellant.

Snell & Wilmer by John J. Bouma, Kenneth D. Nyman, Phoenix, for defendant-appellee Swenson.

Monbleau, Vermeire & Turley by Albert R. Vermeire, Phoenix, for defendant-appellee Seidel.

OPINION

O'CONNOR, Judge.

The issues involved in this appeal are whether a cause of action may be maintained by a party to a lawsuit (1) against an attorney for the adverse party for negligently failing to instruct a witness to avoid disclosing prejudicial information to the jury in response to the attorney's questions, and (2) against a witness for intentionally or recklessly disclosing prejudicial information to the jury in a non-responsive answer to an attorney...

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