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WALSH v. ADVANCED CARDIAC SPECIALISTS

No. 1 CA-CV 09-0751.

258 P.3d 172 (2011)

Elizabeth WALSH, surviving wife of Jerome Walsh, deceased; and Annette Forrester, Scott Walsh, Steven Walsh, and Lisa Cline, surviving children of Jerome Walsh, deceased, Plaintiffs/Appellants, v. ADVANCED CARDIAC SPECIALISTS CHARTERED, Defendant/Appellee.

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

May 26, 2011.

Attorney(s) appearing for the Case

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

Copple & Copple, P.C. By Steven D. Copple , S. Christopher Copple , Phoenix, Co-Counsel for Plaintiffs/Appellants.

Jennings, Strouss & Salmon, P.L.C. By John J. Egbert , Phoenix, Co-Counsel for Defendant/Appellee.

Jardine, Baker, Hickman & Houston, P.L.L.C. By Neil C. Alden , Curtis M. Bergen , Phoenix, Co-Counsel for Defendant/Appellee.

OPINION

BARKER, Judge.

¶ 1 Plaintiffs Annette Forrester, Scott Walsh, Steven Walsh, and Lisa Cline ("the children") appeal from the superior court's award of zero dollars in damages for the wrongful death of their father. They claim that this award is insufficient under Rule 59(a)(5) of the Arizona Rules of Civil Procedure. The trial court considered the issue to have been waived. We uphold the jury's right to award zero damages and remand for the court...

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