L. Kent SMITH, M.D. and Jane Doe Smith, husband and wife, et al., Petitioners,
v.
Hon. Robert D. MYERS, Judge of the Superior Court of the State of Arizona, in and for the county of Maricopa, Respondent, Martha B.T. BELLINA, individually and as surviving spouse of Philip Vincent Bellina, Jr., M.D., decedent, et al., Real Parties in Interest.
Supreme Court of Arizona.https://leagle.com/images/logo.png
December 29, 1994.
December 29, 1994.
Attorney(s) appearing for the Case
Broening Oberg & Woods by James R. Broening, Cynthia V. Cheney, Daniel A. Zanon, and Neal B. Thomas, Phoenix, for defendants/petitioners.
Haralson, Kinerk & Morey, P.C. by Burton J. Kinerk, Dale Haralson, and Kenneth Lee, Tucson, for real parties in interest.
Lewis & Roca by Alexandra M. Shafer, John P. Frank, and Roger W. Kaufman, and Jones, Skelton & Hochuli by William R. Jones, Jr., Phoenix, for amici Mutual Ins. Co. of Arizona and Arizona Hospital Ass'n.
Snell & Wilmer by Barry D. Halpern and Thea Foglietta Silverstein, Phoenix, for amicus Arizona Medical Ass'n.
Goldman & Kaplan, Ltd. by Alan Goldman and David D. White, Phoenix, for amicus Evelyn Touchette.
Langerman Law Offices, P.A. by Amy G. Langerman, Phoenix, and Robert J. Stephan, Jr., P.C. by Robert J. Stephan, Jr., Phoenix, and Galligan & Conlin, P.C. by Roxanne Barton Conlin, Des Moines, IA, and Association of Trial Lawyers of America by Jeffery R. White, Associate Gen. Counsel, Washington, DC, for amici Arizona Trial Lawyers Ass'n and Ass'n of Trial Lawyers of America.
Ulrich, Thompson & Kessler by Paul G. Ulrich and Nancy C. Thompson, Phoenix, for amicus Truck Ins. Exchange.
Supreme Court of Arizona.
OPINION
ZLAKET, Justice.
This case requires us to rule on the constitutionality of Arizona's periodic payment statutes, A.R.S. §§ 12-581 to -594.1 Plaintiffs (real parties in interest) filed a wrongful death action alleging medical malpractice. Defendants (petitioners) elected to have the case tried under the statutes in question, which provide for the periodic payment of future economic losses. Plaintiffs objected...
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