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SMITH v. PAYNE

No. CV-87-0220-PR.

156 Ariz. 506 (1988)

753 P.2d 1162

Kenneth J. SMITH and Peggy A. Smith, husband and wife, Plaintiffs/Appellants, v. David L. PAYNE, D.O., and Jane Doe Payne, his wife; Robert H. Istell, D.O., and Jane Doe Istell, his wife; Albert F. Olivier, M.D., and Jane Doe Olivier, his wife, Defendants/Appellees.

Supreme Court of Arizona.

April 21, 1988.

Attorney(s) appearing for the Case

Gilcrease & Martin by Glynn W. Gilcrease, Jr., Tempe, for plaintiffs/appellants.

Jones, Skelton & Hochuli by J. Russell Skelton, Bruce D. Crawford, Phoenix, for defendants/appellees Payne.

Teilborg, Sanders & Parks by Stephen P. Forrest, John T. Crotty, Phoenix, for defendants/appellees Istell.

Snell & Wilmer by Lonnie J. Williams, Jr., Robert W. Haskin, Jr., Eileen J. Moore, Phoenix, for defendants/appellees Olivier.

FELDMAN, Vice Chief Justice.

Kenneth H. Smith (Smith) seeks review of a court of appeals' decision holding that the settlement agreement he made with his employer and its industrial insurance carrier was ineffective under A.R.S. § 23-1023(B) as a reassignment of Smith's third-party damage claim for medical malpractice. Smith v. Payne, No. 1 CA-CIV 8823 (Ariz. Ct. App. Apr. 21, 1987) (memorandum decision). Because this decision conflicts with that rendered...

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