JOHN C. LINCOLN HOSP. v. SUPERIOR COURT

No. 1 CA-SA 88-166.

159 Ariz. 456 (1989)

768 P.2d 188

JOHN C. LINCOLN HOSPITAL AND HEALTH CENTER, an Arizona corporation, Petitioner, Attila S. Szokol, M.D., Intervenor-Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Robert L. Gottsfield, a judge thereof, Respondent Judge, Sherry Lynn GIORDANO, an incapacitated person, by and through her next friend and natural father, Robert NIXON; Robert Nixon and Ivy Nixon, natural parents of Sherry Lynn Giordano, Real Parties in Interest.

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

Review Denied March 7, 1989.


Attorney(s) appearing for the Case

Fennemore, Craig, P.C. by R.C. Mitten, Timothy Berg, Phillip F. Fargotstein, John J. Balitis, Jr., Phoenix, for petitioner.

Leonard & Clancy, P.C. by James J. Leonard, Jr., Kenneth P. Clancy, Phoenix, for real party in interest.

O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears by Janet E. Kornblatt, Phoenix, for Dr. Szokol.

Weyl, Guyer, MacBan & Olson by Barry MacBan, Phoenix, for Phoenix Orthopedic Surgeons.


OPINION

EUBANK, Judge.

This is a special action brought by John C. Lincoln Hospital and Health Center (Lincoln Hospital) from the trial court's determination permitting documents asserted to be protected under peer review privilege, A.R.S. §§ 36-445 et seq., to be discovered.

Following oral argument on September 26, 1988, we took this matter under advisement. Then, on September 29, we entered our order permitting Dr. Attila S. Szokol...

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