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PERKINS v. KOMARNYCKYJ

No. CV-91-0104-PR.

172 Ariz. 115 (1992)

834 P.2d 1260

Janet PERKINS, as personal representative of the Estate of Peter J. Perkins, Plaintiff/Appellee, v. Orest G. KOMARNYCKYJ, D.D.S., a single man; Phillip Cooke, D.D.S. and Cindy Cooke, husband and wife, Defendants/Appellants.

Supreme Court of Arizona, En Banc.

August 6, 1992.

Attorney(s) appearing for the Case

The Langerman Law Offices by Amy G. Langerman, Phoenix, for plaintiff/appellee.

Jennings, Strouss & Salmon by Jay A. Fradkin, Phoenix, for defendants/appellants Komarnyckyj.

Gallagher & Kennedy, P.A. by Jeffrey J. Tonner, Phoenix, for defendants/appellants Cooke.

OPINION

FELDMAN, Chief Justice.

The issue presented in this medical malpractice action is whether the trial judge's erroneous ex parte instructions to the jury require a new trial on damages alone or on both liability and damages. We granted review because of the unique and important nature of the issues presented. See Rule 23(c)(4), Ariz.R.Civ.App.P., 17B A.R.S. We have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3) and A.R.S. ...

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