PEREZ v. MARICOPA COUNTY

No. 2 CA-CV 88-0019.

158 Ariz. 40 (1988)

760 P.2d 1089

Joe and Maria PEREZ, husband and wife; Richard and Kathleen Sinclair, husband and wife; Greg and Yvonne Tangen, husband and wife; Mercy Tovar, a single woman; Belinda Kimball, a single woman, Plaintiffs/Appellants, v. MARICOPA COUNTY, Arizona, a body politic; Adolph Echeveste, in his official capacity as Assistant County Manager and Director of the Department of Health Services; Tom Freestone, in his official capacity as a Maricopa County Board Supervisor; George Campbell, in his capacity as a Maricopa County Board Supervisor; Fred Korry, in his official capacity as a Maricopa County Board Supervisor; Carole Carpenter, in her official capacity as a Maricopa County Board Supervisor; Ed Pastor, in his official capacity as a Maricopa County Board Supervisor, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied September 27, 1988.


Attorney(s) appearing for the Case

Community Legal Services by H. Leslie Hall and Anne Ronan, Phoenix, for plaintiffs/appellants.

Tom Collins, Maricopa, Co. Atty. by Gordon J. Goodnow, Jr., Phoenix, for defendants/appellees.


OPINION

LIVERMORE, Presiding Judge.

This case raises the issue whether Maricopa County is liable for emergency medical care, in addition to hospital costs, for indigents. The court below ruled that it was not, relying on A.R.S. § 11-297.01(B). That subsection reads:

The county shall be liable for payment of all costs retroactive to the inception of treatment incurred by a private hospital or hospital...

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