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DANIELSON v. SUPERIOR COURT

No. 1 CA-SA 200.

157 Ariz. 41 (1987)

754 P.2d 1145

Harry A. DANIELSON, M.D., and Jane Doe Danielson, whose true name is Beverly Ann Danielson, husband and wife, Petitioners, v. SUPERIOR COURT OF the STATE OF ARIZONA, In and For the COUNTY OF MARICOPA, Honorable John Foreman, a judge thereof, Respondent Judge, Joyce LOPEZ and Richard Lopez, husband and wife, Real Parties in Interest.

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

As Amended on Denial of Reconsideration March 14, 1988.

Review Denied June 7, 1988.

Attorney(s) appearing for the Case

Weyl, Guyer, MacBan & Olson, P.A. by Daniel P. Jantsch and Michael L. Barth, Phoenix, for petitioners.

Eugene A. Burdick, and Robert J. Stephan, Jr., Phoenix, for real parties in interest.

OPINION

GREER, Presiding Judge.

This special action petition requests review of the trial court's granting of a motion to compel discovery of petitioner's alcohol treatment center records. The trial court found that the privileged nature of these records was waived by petitioner's voluntary disclosure of them to the Arizona Board of Medical Examiners. We disagree.

Petitioner Harry A. Danielson, M.D., is one of the defendants in a medical malpractice...

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