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BANNER UNIV. MED. CENTER TUCSON v. GORDON

No. 2 CA-SA 2019-0051.

467 P.3d 257 (2020)

BANNER UNIVERSITY MEDICAL CENTER TUCSON CAMPUS, LLC, an Arizona corporation dba Banner University Medical Center Tucson; Geetha Gopalakrishnan, M.D.; Marie L. Olson, M.D.; Emily Nicole Lawson, D.O.; Demetrio J. Camarena, M.D.; Prakash Joel Mathew, M.D.; Sarah Mohamed Desoky, M.D.; Seung Hur, M.D.; Banner Health; Banner University Medical Group; Petitioners, v. Hon. Richard E. GORDON, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF PIMA, Respondent, and Jeremy and Kimberly Harris, Real Parties in Interest.

Court of Appeals of Arizona, Division 2.

Filed May 29, 2020.

Attorney(s) appearing for the Case

Jones, Skelton & Hochuli P.L.C., Phoenix, By Eileen Dennis GilBride , and Slattery Petersen PLLC, Tucson, By GinaMarie Slattery , Counsel for Petitioners.

Law Office of JoJene Mills P.C., Tucson, By JoJene Mills , and Rudd Mediation, Pasadena, California, By Lawrence J. Rudd , and Law Offices of Arlan A. Cohen, Pasadena, California, By Arlan A. Cohen , Counsel for Real Parties in Interest.

Miller, Pitt, Feldman & McAnally P.C., Tucson, By Stanley G. Feldman , Counsel for Amicus Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.

Judge Espinosa authored the opinion of the Court, in which Presiding Judge Eppich concurred and Judge Brearcliffe dissented.

OPINION

¶1 In this special action, we are asked to decide whether a vicarious liability claim against a private employer must be dismissed when the claims against its employees were dismissed with prejudice due to the plaintiff's failure to timely serve those employees with a notice of claim as required by A.R.S....

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