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JAMES v. PHOENIX GENERAL HOSP., INC.

Nos. 1 CA-CIV 8251, CV-86-0535-PR.

154 Ariz. 588 (1986)

744 P.2d 689

Mildred JAMES, the surviving spouse of Maurice James, deceased, on her own behalf and for and on behalf of Linda Bell, Ronald James, and Gerald V. James, the surviving children of Maurice James, Plaintiffs-Appellants, v. PHOENIX GENERAL HOSPITAL, INC., an Arizona corporation; Osteopathic Surgeons, Ltd., an Arizona corporation; Robert Ostwinkle, Defendants-Appellees.

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

August 28, 1986.

Attorney(s) appearing for the Case

Leonard and Clancy, P.C. by Kenneth P. Clancy, Phoenix, for plaintiffs-appellants.

Fennemore, Craig, von Ammon, Udall & Powers by Timothy Berg, Douglas A. Blaze, R.C. Mitten, J. Gregory Osborne, Phoenix, for defendant-appellee Phoenix General Hosp.

Weyl, Guyer, MacBan & Olson by Thomas G. Bakker, Phoenix, for defendants-appellees Osteopathic Surgeons, Ltd. and Robert Ostwinkle.

OPINION

JACOBSON, Presiding Judge.

In this action for wrongful death based on alleged medical malpractice, the surviving spouse and children of decedent Maurice James (appellants) appeal the granting of summary judgment in favor of appellees, Phoenix General Hospital, Inc., Osteopathic Surgeons, Ltd., and Robert Ostwinkle, D.O. The appellants present two issues: (1) whether the three-year statute of limitation period in A.R.S. § 12-564(A) is applicable...

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