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MEDASYS ACQUISITION CORP. v. SDMS, P.C.

No. CV-02-0045-PR.

55 P.3d 763 (2002)

203 Ariz. 420

MEDASYS ACQUISITION CORPORATION, dba Medasys Digital Systems, Plaintiff, Counterdefendant-Appellant, v. SDMS, P.C., an Arizona professional corporation, Defendant, Counterclaimant-Appellee.

Supreme Court of Arizona, En Banc.

October 10, 2002.

Attorney(s) appearing for the Case

Warnicke & Littler, P.L.C., by Thomas E. Littler, Phoenix, and Fine & Associates, P.A., by Edward A. Licitra, Coral Gables, Florida, Attorneys for Plaintiff, Counterdefendant-Appellant.

Burch & Cracchiolo, P.A. by Bryan F. Murphy and John D. Curtis, Phoenix, Attorneys for Defendant, Counterclaimant-Appellee.

BERCH, Justice.

¶ 1 We granted review to determine whether a party's election of the equitable remedy of rescission automatically precludes it from also receiving an award of punitive damages. We conclude that it does not.

BACKGROUND

¶ 2 In January 1998, SDMS, a medical practice, contracted to purchase computer-assisted diagnostic nuclear imaging equipment from Medasys Acquisition Corporation. The contract required that SDMS trade in its...

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