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SCHOENROCK v. CIGNA HEALTH PLAN OF ARIZONA

No. 1 CA-CIV 7380.

148 Ariz. 548 (1985)

715 P.2d 1236

Ruth SCHOENROCK, Plaintiff-Appellant, v. CIGNA HEALTH PLAN OF ARIZONA, INC. (ABC-HMO, Inc.); Medical Care Providers, P.C. (Health Maintenance Associates, Ltd.); Padie Richlin, M.D., Defendants-Appellees.

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

Review Denied March 18, 1986.

Attorney(s) appearing for the Case

Ely, Bettini & Ulman by Herbert L. Ely, Phoenix, for plaintiff-appellant.

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

OPINION

BROOKS, Judge.

This is an appeal from a summary judgment dismissing appellant's action for wrongful death. The issue is whether a decedent's settlement and release of his personal injury claim prior to death extinguishes any claim for wrongful death under A.R.S. § 12-611 for recovery of the survivor's damages.

On July 14, 1980, Carl Schoenrock (decedent) brought a medical malpractice action against appellee Padie Richlin, M.D. and corporate...

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