SHORT v. DEWALD

Nos. 1 CA-CV 08-0662, 1 CA-CV 08-0773.

244 P.3d 92 (2010)

LeAnne SHORT and Lawrence Short, a married couple, Plaintiffs/Appellants, v. Christian DEWALD, M.D. and Jane Doe Dewald, a married couple; Brian J. Frohna and Jane Doe Frohna, a married couple; Austin L. Spitzer, M.D. and Jane Doe Spitzer, a married couple; Valley Radiologists, Ltd., an Arizona corporation affiliated with SOUTHWEST DIAGNOSTIC IMAGING, LTD., an Arizona corporation; William R. Friese, M.D. and Jane Doe Friese, a married couple; Banner Thunderbird Medical Center; Banner Health, an Arizona corporation, Defendants/Appellees. LeAnne Short and Lawrence Short, a married couple, Plaintiffs/Appellants, v. Allan T. Sawyer, M.D. and Jane Doe Sawyer, a married couple; Edward H. Charles, M.D. and Jane Doe Charles, a married couple, Defendants/Appellees.

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

December 28, 2010.


Attorney(s) appearing for the Case

Law Office of Scott E. Boehm, PC By Scott E. Boehm , Co-Counsel for Plaintiffs/Appellants.

Law Office of Jeff Bouma, PC By Jeff Bouma , Phoenix, Co-Counsel for Plaintiffs/Appellants.

Jones, Skelton & Hochuli, PLC By Eileen Dennis GilBride , Stephen A. Bullington , Phoenix, Attorneys for Defendants/Appellees Dewald, et al.

Sanders & Parks, PC By Robin E. Burgess , Winn L. Sammons , Phoenix, Attorneys for Defendants/Appellees Sawyer.

Holloway Odegard Forrest & Kelly, PC By Vincent J. Montell , J.P. Harrington Bisceglia , Anthony J. Fernandez , Phoenix, Attorneys for Defendants/Appellees Friese.

The Doyle Firm PC By Judith A. Berman , D. Andrew Bell , Phoenix Attorneys for Defendants/Appellees Banner.

Campbell Yost Clare & Norell, PC By Sigurds M. Krolls , Erica J. Dickson , Phoenix, Attorneys for Defendants/Appellees Charles.


OPINION

HALL, Judge.

¶ 1 Plaintiffs LeAnne and Lawrence Short appeal from the trial court's dismissal as to some defendants and summary judgment as to others of their medical malpractice claim. The Shorts filed this action outside the statute of limitations pursuant to relief granted in a previous action under Arizona Revised Statutes (A.R.S.) section 12-504(A) (2003), known as the savings statute. Defendants did not seek appellate review of that determination...

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