DELGADO v. MANOR CARE OF TUCSON, AZ, LLC

No. 2 CA-CV 2015-0187.

378 P.3d 736 (2016)

Marika DELGADO, Personal Representative of the Estate of Sandra Shaw, ON BEHALF OF the ESTATE OF Sandra SHAW, Deceased; and Marika Delgado, Personal Representative, for and on behalf of Sandra Shaw's Statutory Beneficiaries and/or Estate Pursuant to A.R.S. § 12-612(a), Plaintiff/Appellant, v. MANOR CARE OF TUCSON, AZ, LLC, an Arizona Limited Liability Company, dba Manor Care Health Services, Inc. aka Manorcare Health Services, LLC; HCR Manorcare, LLC, a Delaware Limited Liability Company; Manor Care, Inc., a Delaware Corporation; HCR Manorcare, Inc., a Delaware Corporation; HCR IV Healthcare, LLC, a Delaware Limited Liability Company; HCR III Healthcare, LLC, a Delaware Limited Liability Company; HCR II Healthcare, LLC, a Delaware Limited Liability Company; HCR Healthcare, LLC, a Delaware Limited Liability Company; HCRMC Operations, LLC, a Delaware Limited Liability Company; HCR Manorcare Operations II, LLC, a Delaware Limited Liability Company; Heartland Employment Services, LLC, an Ohio Limited Liability Company; IPC The Hospitalist Company Inc., a Delaware Corporation; William Amoureux, Administrator; and Gordon J. Cuzner, M.D., Defendants/Appellees.

Court of Appeals of Arizona, Division 2.

Filed June 28, 2016.


Attorney(s) appearing for the Case

Law Office of Scott E. Boehm, P.C., Phoenix, By Scott E. Boehm , Wilkes & McHugh, P.A., Phoenix, By Melanie L. Bossie and Mary Ellen Spiece , Co-Counsel for Plaintiff/Appellant.

Gust Rosenfeld, P.L.C., Tucson, By James W. Kaucher and Danielle J.K. Constant , Counsel for Defendants/Appellees.

Cavett & Fulton, PC, Tucson, By Anne M. Fulton-Cavett , Counsel for Defendants/Appellees Gordon J. Cuzner, M.D. and IPC The Hospitalist Company, Inc.

Presiding Judge Howard authored the opinion of the Court, in which Judge Espinosa and Judge Staring concurred.


OPINION

¶ 1 Marika Delgado, in her personal capacity and as representative of the estate of her sister, Sandra Shaw, appeals from the trial court's entry of summary judgment in favor of defendants1 (collectively Manor Care) on Delgado's claim for abuse or neglect under the Arizona...

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