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DeMONTINEY v. DESERT MANOR CONVALESCENT

No. 1 CA-CIV 5903.

144 Ariz. 21 (1984)

695 P.2d 270

Theo DeMONTINEY, surviving parent of Bobby Alcaida, deceased, Plaintiff-Appellant, v. DESERT MANOR CONVALESCENT CENTER, INC., an Arizona corporation; George M. O'Brien, M.D.; Yuma County, a political subdivision of the State of Arizona; and Health Systems Research Institute, a Utah corporation, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

February 14, 1984.

Attorney(s) appearing for the Case

Sorenson, Moore, Benham, Garrett & Julian by J. William Moore, Phoenix, for plaintiff-appellant.

Crampton, Woods, Broening & Oberg by Donald P. Crampton, Phoenix, for defendant-appellee Yuma County.

Gallagher & Kennedy by Michael K. Kennedy, Phoenix, for defendant-appellee Desert Manor Convalescent Center, Inc.

Weyl, Guyer, MacBan & Olson by Thomas G. Bakker, Phoenix, for defendant-appellee George M. O'Brien, M.D.

OPINION

EUBANK, Judge.

This is an appeal from the trial court's denial of plaintiff-appellant's motion for a new trial in a wrongful death action, which resulted from decedent's suicide. The relevant facts are not in dispute.

On June 7, 1978, appellant's son, Bobby Alcaida, committed suicide while held at appellee Desert Manor Convalescent Center's (Desert Manor) health care facility located in Yuma, Arizona. The decedent had unsuccessfully attempted...

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