W. VAL. CAMELBACK HOSP. v. SUPERIOR COURT

No. 1 CA-SA 89-242.

164 Ariz. 457 (1990)

793 P.2d 1124

WEST VALLEY CAMELBACK HOSPITAL, INC., an Arizona non-profit corporation, Petitioner, v. SUPERIOR COURT of Arizona, In and For the COUNTY OF MARICOPA, Honorable Barry C. Schneider, a judge thereof, Respondent Judge, Anna Marie BUCKENMAIER, Edward R. Buckenmaier, and Gary Shield, Real Parties in Interest.

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

Review Denied July 10, 1990.


Attorney(s) appearing for the Case

Fennemore Craig, P.C. by R.C. Mitten, Timothy Berg, and William T. Burghart, Phoenix, for petitioner.

Cruse, Firetag & Bock by Robert J. Cruse and Keith B. Forsyth, Phoenix, for real party in interest, Anna Marie Buckenmaier.

Gallagher & Kennedy by Charles F. Richards, Don D. Skypeck, and Crowe & Scott by Michael B. Scott, Phoenix, for real party in interest, Edward R. Buckenmaier.

Tucker & Associates by Kenneth L. Tucker and Daniel P.J. Miller, Phoenix, for real party in interest, Gary Shield.


VOSS, Judge.

In St. Joseph's Hosp. v. Superior Court, 1 CA-SA 89-243, 164 Ariz. 454, 793 P.2d 1121 (Ct.App. 1990), we held that House Bill 2123 did not apply retroactively to defeat a litigant's right to convene a medical liability review panel under former A.R.S. § 12-567(A). We now address the narrow question of whether the right to preclude claims not presented to the review panel...

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