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LUCCHESI v. FREDERIC N. STIMMELL, M.D., LTD.

Nos. 1 CA-CIV 6366, 1 CA-CIV 6623.

149 Ariz. 85 (1985)

716 P.2d 1022

Janet L. LUCCHESI, the surviving mother of Jeremy Michael Lucchesi, deceased, on her own behalf and for and on behalf of David Lucchesi, the surviving father of Jeremy Michael Lucchesi; Janet L. Lucchesi and David Lucchesi, wife and husband, Plaintiffs-Appellants, v. FREDERIC N. STIMMELL, M.D., LTD., an Arizona corporation; and Frederic N. Stimmell, Defendants-Appellees. Janet L. LUCCHESI, the surviving mother of Jeremy Michael Lucchesi, deceased, on her own behalf and for and on behalf of David Lucchesi, the surviving father of Jeremy Michael Lucchesi; Janet L. Lucchesi and David Lucchesi, wife and husband, Plaintiffs-Appellants, v. SAMARITAN HEALTH SERVICE, INC., an Arizona corporation; dba Good Samaritan Hospital, Defendant-Appellee.

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

August 13, 1985.

Attorney(s) appearing for the Case

Leonard & Clancy, P.C. by Kenneth P. Clancy, James J. Leonard, Jr., Phoenix, for plaintiffs-appellants.

Weyl, Guyer, MacBan & Olson by Thomas G. Bakker, Duane A. Olson, Phoenix, for defendants-appellees.

Teilborg, Sanders & Parks, P.C. by Frank A. Parks, Donald L. Myles, Jr., Phoenix, for defendant-appellee Samaritan Health Service.

OPINION

BROOKS, Judge.

Plaintiffs-appellants, Janet and David Lucchesi, filed a multi-count complaint against Samaritan Health Service, Inc. (Samaritan) and Frederic Stimmell, M.D., seeking damages arising out of the delivery of appellants' stillborn child and the treatment administered to Mrs. Lucchesi immediately thereafter. Count one of the complaint alleged that the negligence of each of the defendants resulted in the wrongful death of the unborn fetus...

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