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KOWSKE v. LIFE CARE CENTERS OF AMERICA

No. 2 CA-CV 92-0087.

176 Ariz. 535 (1993)

863 P.2d 254

Edward KOWSKE, a widower, individually as surviving spouse of decedent Rosalie Kowske, as Personal Representative of the Estate of Rosalie Kowske, and for and on behalf of statutory beneficiaries James Edward Kowske, Michelle F. Brent, and Carol Ann Kowske, Plaintiffs/Appellants, v. LIFE CARE CENTERS OF AMERICA, INC., a Tennessee corporation, dba Life Care Center of Sierra Vista; Cochise Orthopaedic Surgeons, P.C., an Arizona corporation; Charles R. Cobb, M.D., and Jane Doe Cobb, husband and wife; William C. McCormick, D.O., and Jane Doe McCormick, husband and wife; Jane Doe Pellowski and John Doe Pellowski, husband and wife; Gertrude Basgall and John Doe Basgall, wife and husband, Defendants/Appellees.

Court of Appeals of Arizona, Division 2, Department B.

Redesignated as Opinion and Publication Ordered May 26, 1993.

Review Denied December 15, 1993.

Redesignated as Opinion and Publication Ordered May 26, 1993.

Attorney(s) appearing for the Case

Michael Riikola, Phoenix, for plaintiffs/appellants.

Kimble, Gothreau & Nelson, P.C. by David F. Toone, Tucson, for defendants/appellees Life Care Centers of America and Pellowski.

Chandler, Tullar, Udall & Redhair by D.B. Udall, Tucson, for defendants/appellees Cochise Orthopaedic Surgeons, P.C., Cobb and McCormick.

Slutes, Sakrison, Even, Grant & Pelander, P.C. by Alphus R. Christensen, Tucson, for defendants/appellees Basgall.

OPINION

DRUKE, Presiding Judge.

The primary issue in this appeal is whether the two-year statute of limitations applicable to a medical malpractice action is tolled until plaintiffs' counsel secures an expert opinion of malpractice. We hold that it is not, based upon the undisputed facts presented by this case. Our review of this question of law is de novo. United Bank of Arizona v. Allyn, 167 Ariz. 191,

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