ENGLERT v. CARONDELET HEALTH NETWORK

No. 2 CA-CV 00-0017.

13 P.3d 763 (2000)

199 Ariz. 21

Denise ENGLERT, surviving spouse of Dwight Englert, individually and on behalf of all those entitled to recover for the death of Dwight Englert; and Jody Englert, Plaintiffs/Appellees, v. CARONDELET HEALTH NETWORK, an Arizona corporation, dba Carondelet St. Joseph's Hospital, Defendant/Appellant/Appellee, and Emergency Room Associates, Ltd., an Arizona corporation; Randall L. Bennett, M.D., and Jane Doe Bennett, husband and wife, Defendants/Appellants.

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

November 28, 2000.


Attorney(s) appearing for the Case

Piccarreta & Davis, P.C., By Barry M. Davis and JoJene E. Mills, Tucson, Attorneys for Plaintiff/Appellee Denise Englert.

Christian, Mariano & Coomer, P.L.C., By Nancy M. Coomer, Tucson, Attorneys for Plaintiff/Appellee Jody Englert.

Bury, Moeller, Humphrey & O'Meara, By Marshall Humphrey III and Roger W. Frazier, Tucson, Attorneys for Defendant/Appellant/Appellee Carondelet Health Network.

Sanders & Parks, P.C., By Frank A. Parks, Renee M. Coury and Karl A. Fazio, Phoenix, Attorneys for Defendants/Appellants Emergency Room Associates, Ltd. and Bennett.


OPINION

HOWARD, Presiding Judge.

¶ 1 In this medical malpractice wrongful death case, appellants Dr. Randall Bennett1 and Carondelet Health Network challenge the trial court's post-verdict orders granting appellee Denise Englert a new trial.2 Dr. Bennett also challenges a pretrial, interlocutory order precluding him from arguing that a Carondelet nurse (Nurse Carr) was comparatively negligent...

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