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SMITH v. SUPERIOR COURT

No. 1 CA-SA 91-210.

171 Ariz. 511 (1991)

831 P.2d 1279

L. Kent SMITH, M.D. and Jane Doe Smith, husband and wife, et. al., Petitioners, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Robert D. Myers, a judge thereof, Respondent Judge, Martha B.T. BELLINA, individually and as surviving spouse of Philip Vincent Bellina, Jr., M.D., decedent, et al., Real Parties in Interest.

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

Review Granted July 7, 1992.

Attorney(s) appearing for the Case

Broening Oberg & Woods by James R. Broening, Cynthia V. Cheney, Neal B. Thomas and Daniel A. Zanon, Phoenix, for petitioners.

Haralson, Kinerk & Morey, P.C. by Burton J. Kinerk and Kenneth Lee, Tucson, for real parties in interest.

Lewis and Roca by John P. Frank, Roger W. Kaufman and Alexandra M. Shafer, and Jones, Skelton & Hochuli by William R. Jones, Phoenix, for amici Mut. Ins. Co. of Arizona and the Arizona Hosp. Ass'n.

Snell & Wilmer by Barry D. Halpern and Thea Foglietta Silverstein, Phoenix, for amicus Arizona Medical Ass'n.

Goldman & Kaplan by Alan Goldman and David White, Phoenix, for amicus Evelyn Touchette.

OPINION

KLEINSCHMIDT, Judge.

In this case we hold that the statute which allows for the periodic payment of any judgment for loss of future economic benefits in medical malpractice cases is constitutional. The case arises out of the death of the plaintiffs' decedent as the result of alleged malpractice by one of the defendants. The trial court ruled that the statute allowing for periodic payments for loss of future economic benefits, as opposed to a lump...

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