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DUNCAN v. SCOTTSDALE MEDICAL IMAGING, LTD.

No. CV-02-0191-PR.

70 P.3d 435 (2003)

205 Ariz. 306

Martha DUNCAN, an individual, Plaintiff-Appellant, v. SCOTTSDALE MEDICAL IMAGING, LTD., an Arizona corporation; Hospital Radiologists, Ltd., an Arizona corporation, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

June 16, 2003.

Attorney(s) appearing for the Case

Anderson, Hurwitz & Harward, P.C. by Eric C. Anderson, Randy J. Hurwitz, Scottsdale, Attorneys for Plaintiff-Appellant.

Kent & Wittekind, P.C. by Richard A. Kent, Stephen M. Booth, Phoenix, Attorneys for Defendant-Appellee, Scottsdale Medical Imaging, Ltd.

Arizona Trial Lawyers Association by Amy G. Langerman, Phoenix, Attorneys for Amicus Curiae, Arizona Trial Lawyers Association.

OPINION

JONES, Chief Justice.

INTRODUCTION

¶ 1 We granted review of two questions raised by petitioner, Martha Duncan, to determine whether the trial court and court of appeals erred in dismissing Duncan's battery claim against respondent, Scottsdale Medical Imaging ("SMI"): (1) whether the injection of a drug by a health care provider against a patient's express wishes constitutes a battery, and (2) whether section 12-562(B) of Arizona's...

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