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SAMARITAN HEALTH SERVICES v. SUPERIOR COURT

No. 1 CA-CIV 7798-SA.

142 Ariz. 435 (1984)

690 P.2d 154

SAMARITAN HEALTH SERVICES, INC., an Arizona corporation, dba Maryvale Samaritan Hospital; Maryvale Pediatric Clinic, an Arizona business entity, Petitioners, v. SUPERIOR COURT of Arizona, in and for the COUNTY OF MARICOPA, and the Honorable David L. Roberts, a judge thereof, Respondent Judge, Shereese JONES, a minor By and Through her next friend, Gwendolyn R. JONES; Gwendolyn R. Jones and Ronald Jones, wife and husband, individually, Real Parties in Interest.

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

October 16, 1984.

Attorney(s) appearing for the Case

Teilborg, Sanders, & Parks, P.C. by Frank A. Parks, Kathleen A. Neilson, Phoenix, for petitioners.

Leonard & Clancy, P.C. by James J. Leonard, Jr., Kenneth P. Clancy, Phoenix, for real parties in interest.

Snell & Wilmer by Robert H. Oberbillig, Phoenix, for Dr. McBride and Maryvale Clinic.

OPINION

KLEINSCHMIDT, Judge.

This special action arises from discovery proceedings in a medical malpractice action brought by plaintiffs Sheresse Jones and her parents against Samaritan Health Services, Inc. The trial court ruled that there had been a waiver of the attorney-client and work product privileges with respect to certain interview summaries which had been used by various Samaritan employees to refresh their recollections in preparation for deposition...

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