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PEREZ v. COMMUNITY HOSP. OF CHANDLER

No. CV-95-0522-PR.

187 Ariz. 355 (1997)

929 P.2d 1303

Christopher Ray PEREZ, a Minor By and Through His Natural Mother, Sandra PEREZ; and Manuel Ray Hernandez, Plaintiffs/Appellants, v. COMMUNITY HOSPITAL OF CHANDLER, INC., an Arizona Corporation, dba Chandler Regional Hospital, Defendant/Appellee.

Supreme Court of Arizona, En Banc.

January 16, 1997.

Attorney(s) appearing for the Case

Roush, McCracken & Guerrero by Charles D. Roush and Peter A. Guerrero and Ortega and Moreno, P.C. by Daniel R. Ortega, Phoenix, for Plaintiffs/Appellants.

Jones, Skelton & Hochuli by William R. Jones, Jr., Lori A. Shipley, David C. Lewis, Phoenix, for Defendant/Appellee.

OPINION

FELDMAN, Justice.

Sandra Perez and Manuel Ray Hernandez, and their son, Christopher Ray Perez (collectively Plaintiffs), sought review of a court of appeals' decision holding that there is no conclusive presumption of prejudice for improper and unrecorded contacts between a bailiff and a jury. We granted review to determine whether Arizona recognizes a rule of presumed prejudice in cases of improper, ex parte communication between a bailiff...

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