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SMYSER v. CITY OF PEORIA

No. 1 CA-CV 05-0202.

160 P.3d 1186 (2007)

Catherine SMYSER, surviving spouse of Aaron Smyser, deceased, on behalf of herself and Jamie Smyser and Michael Smyser, minor children of decedent; Carole Smyser and Rex Smyser, surviving parents of decedent, Plaintiffs-Appellants, v. CITY OF PEORIA, a public entity, Defendant-Appellee.

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

June 12, 2007.

Attorney(s) appearing for the Case

Palumbo Wolfe Sahlman & Palumbo PC by Anthony J. Palumbo, Scott I. Palumbo, Harris, Powers & Cunningham by Tonya K. MacBeth, Phoenix, Attorneys for Plaintiffs-Appellants.

Ridenour Hienton Kelhoffer Lewis & Garth PLLC by Robert R. Beltz, Thomas S. Zia, Phoenix, Attorneys for Defendant-Appellee.

Devlin Law Firm PC by Lisa M. Sommer Devlin, Phoenix, Attorneys for Amicus Curiae Southwest Ambulance.

Sanders & Parks PC by David J. Damron, Phoenix, Attorneys for Amicus Curiae City of Phoenix.

THOMPSON, Judge.

¶ 1 Catherine Smyser, individually and on behalf of her children and the parents of her late husband, Aaron Smyser, appeals from a jury verdict in favor of the City of Peoria (the City) in her medical malpractice and wrongful death suit. Catherine argues that the superior court erred in finding that (1) Arizona Revised Statutes (A.R.S.) § 9-500.02(A) (Supp.2005) is a constitutionally permissible grant of qualified immunity to the City for...

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