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ZIEGLER v. SUPER. CT. IN AND FOR CTY. OF PIMA

No. 2 CA-CIV 4503.

134 Ariz. 390 (1982)

656 P.2d 1251

Eleanor ZIEGLER, Petitioner, v. The SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA, and the Honorable Robert O. Roylston, a Judge thereof, S.J. DeVito, D.O. and Margarite DeVito, his wife, Joseph Rogers, D.O., and Sheila Rogers, his wife, dba Cardiology Consultants, and Tucson General Hospital, Real Parties in Interest, Respondents.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 7, 1982.

Review Denied November 23, 1982.

Attorney(s) appearing for the Case

Scheff & Botwin by Gregory G. Wasley, Bolding & Zavala, Tucson, for petitioner.

Kimble, Gothreau, Ryan, Nelson & Cannon, P.C. by Timothy L. Ryan, Chandler, Tullar, Udall & Redhair by Richard Davis, Tucson, Marvin Johnson, P.C. by John P. Otto, Phoenix, for real parties in interest.

OPINION

HOWARD, Chief Judge.

Petitioner is the plaintiff in a pending medical malpractice action in Pima County Superior Court. The real parties in interest, Rogers and DeVito, doctors of osteopathy specializing in cardiology, and Tucson General Hospital, an Arizona corporation which operates an osteopathic hospital in Tucson, are defendants. The basis of petitioner's claim against the doctors was the unnecessary implantation of a pacemaker. Her claim against...

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