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.; 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.
Supreme Court of Arizona.https://leagle.com/images/logo.png
Filed January 20, 2022.
Filed January 20, 2022.
Attorney(s) appearing for the Case
Eileen Dennis GilBride (argued), Jones, Skelton & Hochuli, P.L.C., Phoenix; and GinaMarie Slattery , Slattery Petersen PLLC, Tucson, Attorneys for Banner University Medical Center Tucson Campus LLC, 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., Banner Health, and Banner University Medical Group.
JoJene E. Mills (argued), Law Office of JoJene Mills, P.C., Tucson; Lawrence J. Rudd , M.D., J.D., Rudd Mediation, Pasadena, CA; and Arlan A. Cohen , M.D., J.D., Law Offices of Arlan A. Cohen, Pasadena, CA, Attorneys for Jeremy Harris and Kimberly Harris.
David L. Abney , Ahwatukee Legal Office, P.C., Phoenix, Attorney for Amici Curiae Arizona Association for Justice and Arizona Trial Lawyers Association.
Nicholas D. Acedo , Struck Love Bojanowski & Acedo, PLC, Chandler, Attorney for Amici Curiae Arizona Counties Insurance Pool, Arizona Municipal Risk Retention Pool, and Arizona School Risk Retention Trust, Inc.
JUSTICE MONTGOMERY authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, JUSTICES BOLICK, LOPEZ, and BEENE, and JUDGE SAMUEL A. THUMMA joined.
JUSTICEMONTGOMERY, opinion of the Court:
¶1 This case presents the issue of whether a vicarious liability claim against a hospital-employer is precluded because the trial court granted summary judgment dismissing medical malpractice claims against doctor-employees with prejudice. We hold that because the order of dismissal here was not a final...
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