WALSH v. ADVANCED CARDIAC SPECIALISTS

No. CV-11-0198-PR.

273 P.3d 645 (2012)

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.

Supreme Court of Arizona.

April 13, 2012.


Attorney(s) appearing for the Case

Copple & Copple PC by Steven D. Copple , S. Christopher Copple , and Law Office of Scott E. Boehm PC by Scott E. Boehm , Phoenix, Attorneys for Elizabeth Walsh, Annette Forrester, Scott Walsh, Jerome Walsh, Steven Walsh, and Lisa Cline.

Jardine Baker Hickman & Houston PLLC by Neil C. Alden , Curtis M. Bergen , and Jennings Strouss & Salmon PLC by John J. Egbert , Phoenix, Attorneys for Advanced Cardiac Specialists Chartered.

Snell & Wilmer LLP by Barry D. Halpern , Sara J. Agne , Phoenix, Attorneys for Amicus Curiae Arizona Medical Association.

Humphrey & Petersen PC by Andrew J. Petersen , Tucson, Attorney for Amicus Curiae Arizona Association of Defense Counsel.


OPINION

PELANDER, Justice.

¶ 1 The issue presented is whether wrongful death claimants whose trial testimony on damages is uncontroverted, but who receive a jury verdict awarding zero damages, are entitled to a new trial on damages as a matter of law. We hold that a jury may award no compensation in these circumstances if it deems that award to be fair and just. Although a new trial is not automatically required, the trial court may grant one pursuant...

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