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FADELY v. ENCOMPASS HEALTH VALLEY OF SUN

No. 1 CA-CV 21-0478.

515 P.3d 701 (2022)

Terrell P. FADELY, Plaintiff/Appellee, v. ENCOMPASS HEALTH VALLEY OF the SUN REHABILITATION HOSPITAL, Defendant/Appellant.

Court of Appeals of Arizona, Division 1.

FILED June 28, 2022.

Attorney(s) appearing for the Case

Beus Gilbert McGroder, PLLC, Phoenix, By Timothy J. Casey , Co-Counsel for Plaintiff/Appellee.

Law Office of Thomas M. Ryan, Chandler, By Thomas M. Ryan , Sara K. Ryan , Co-Counsel for Plaintiff/Appellee.

Ahwatukee Legal Office, PC, Phoenix, By David L. Abney , Co-Counsel for Plaintiff/Appellee.

Gust Rosenfeld, PLC, Phoenix, By James W. Kaucher , Charles W. Wirken , Melissa S. San Angelo , Counsel for Defendant/Appellant.

The Checkett Law Firm, PLLC, Phoenix, By John J. Checkett , Co-Counsel for Amicus Curiae Arizona Hospital and Healthcare Association.

Coppersmith Brockelman, PLC, Phoenix, By Roopali H. Desai , Kristen M. Yost , Co-Counsel for Amicus Curiae Arizona Hospital and Healthcare Association.

Mick Levin, PLC, Phoenix, By Mick Levin , Counsel for Amicus Curiae Arizona Association for Justice.

Presiding Judge David D. Weinzweig delivered the opinion of the Court, in which Judge Brian Y. Furuya and Judge Jennifer M. Perkins joined.

OPINION

¶1 At issue here is the Adult Protective Services Act ("APSA"), adopted by our legislature to protect vulnerable adults from the growing evil of abuse, neglect and exploitation. APSA recognizes a private right of action for vulnerable adults to pursue civil damages for abuse, neglect and exploitation against...

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