HENRY v. FLAGSTAFF MEDICAL CENTER, INC.

No. 1 CA-CV 05-0123.

132 P.3d 304 (2006)

212 Ariz. 365

Loretta HENRY, Charles L. Arnold as the Guardian Ad Litem for Quilana Henry, and Roscoe Henry, Plaintiffs/Appellants/Cross-Appellees, v. FLAGSTAFF MEDICAL CENTER, INC., Defendant/Appellee/Cross-Appellant.

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

April 20, 2006.


Attorney(s) appearing for the Case

Begam Lewis Marks & Wolfe, P.A., by Elliot G. Wolfe and Richard P. Traulsen, Phoenix, Attorneys for Plaintiffs/Appellants/Cross-Appellees.

Campbell, Yost, Clare & Norell, P.C., by Jeffrey J. Campbell, Kari B. Zangerle, Vincent A. Maeder and Seema Kamal, Phoenix, Attorneys for Defendant/Appellee/Cross-Appellant.


OPINION

EHRLICH, Judge.

¶ 1 Loretta Henry1 appeals the denial of a requested jury instruction regarding the definition of ostensible or apparent agency and the grant of a new trial to the Flagstaff Medical Center ("FMC"). FMC cross-appeals the denial of its motion for judgment as a matter of law ("JMOL"). We conclude that FMC was entitled to JMOL. Accordingly, we reverse and remand this matter to the superior court for the...

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