DUNN v. MARAS

No. 1 CA-CV 91-0413.

182 Ariz. 412 (1995)

897 P.2d 714

Daniel DUNN, individually; and Daniel Dunn, as Next Friend of Daniel Patrick Dunn and Warren Patrick Dunn, minors; Shawn Robert Dunn; James Fleming and Laura Fleming, Plaintiffs-Appellants, Cross-Appellees, v. Anca MARAS, M.D., Raymond S. Elliott, M.D., Gynecology & Obstetrics of Mesa, Ltd., Defendants-Appellees, Cross-Appellants.

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

Reconsideration Denied February 22, 1995.

Review Denied June 29, 1995.


Attorney(s) appearing for the Case

Charles M. Brewer, Ltd. by Charles M. Brewer, Stuart J. Reilly, Phoenix, for plaintiffs-appellants.

Snell & Wilmer by Lonnie J. Williams, Jr., Stephen M. Hopkins, Phoenix, for defendant-appellee Maras.

Law Offices of Michael E. Bradford by Michael E. Bradford, Phoenix, for defendant-appellee Elliott.


OPINION

FIDEL, Presiding Judge.

A juror learned outside of court that plaintiffs had settled this medical malpractice suit with a hospital before proceeding to trial against the defendant physicians alone. The trial court had ruled in limine that the jury should not be told of the settlement. Although the trial judge repeatedly admonished the jurors to inform him if they heard anything extraneous about the case, and although the trial judge made a point...

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