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COOKE v. BERLIN

No. 1 CA-CIV 8529.

153 Ariz. 220 (1987)

735 P.2d 830

Laura U. COOKE, Plaintiff-Appellant, v. Sanford BERLIN and Jane Doe Berlin, husband and wife; State of Arizona, Defendants-Appellees.

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

Review Dismissed April 14, 1987.

Attorney(s) appearing for the Case

Molloy, Jones, Donahue, Trachta, Childers & Mallamo, P.C. by Michael J. Meehan, David A. McEvoy, Tucson, for plaintiff-appellant Cooke.

Leonard Everett, Tucson, for defendant-appellee Berlin.

Snell & Wilmer by Robert J. Gibson, Eileen J. Moore, Phoenix and Robert K. Corbin, Atty. Gen. by A. Glen Reesing, Asst. Atty. Gen., Phoenix, for defendant-appellee State.

This case being settled pending appeal, Review Dismissed April 14, 1987.

OPINION

JACOBSON, Presiding Judge.

In this case of first impression in Arizona, we must determine whether a psychiatrist and his employer are liable to the surviving spouse of a person who was killed by an individual who received treatment as an out-patient.

The facts are taken in a light most favorable to the plaintiff-appellant, Laura U. Cooke, against whom summary judgment...

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