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GOMEZ v. MARICOPA COUNTY

No. 1 CA-CV 91-440.

175 Ariz. 469 (1993)

857 P.2d 1323

Elsie GOMEZ, individually and as surviving spouse of Victor Gomez, deceased, and as guardian and next best friend of Maylinda Gomez, date of birth 7/14/79, and Michael Gomez, date of birth 9/13/80, minor children, Plaintiffs-Appellants, v. MARICOPA COUNTY, a body politic or political subdivision of the State of Arizona, Maricopa Medical Center, a division of Maricopa County Department of Health Services, a body politic or a political subdivision of the State of Arizona, Defendants-Appellees.

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

August 10, 1993.

Attorney(s) appearing for the Case

Rockafellow Law Firm by Leighton H. Rockafellow, Tucson, Morgan & Weisbrod by Les Weisbrod, Michael S. Box, William A. Newman, Dallas, TX, for plaintiffs-appellants.

Maricopa County Attys. Office by Gordon J. Goodnow, Jr., Deputy County Atty., Phoenix, for defendants-appellees.

OPINION

McGREGOR, Judge.

Elsie Gomez filed suit against Maricopa County on behalf of herself and her two minor children for the wrongful death of Victor Gomez, her husband and the children's father. The issue presented is whether a release agreement, signed by relatives of Victor to whom Elsie had given a power of attorney to settle her and the children's claims, bars this action. We hold that the release bars Elsie's individual action. We further hold that...

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