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IN RE ESTATE OF WINN

No. CV-06-0076-PR.

150 P.3d 236 (2007)

In the Matter of the ESTATE OF Mary WINN, Deceased. The Estate of Mary Winn, Deceased, by and through George Winn on behalf of themselves and survivors of Mary Winn, Plaintiff/Appellant, v. Plaza Healthcare, Inc., an Arizona corporation d/b/a Plaza Healthcare; Plaza Healthcare Scottsdale Campus, an Arizona corporation d/b/a Plaza Healthcare, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

January 23, 2007.

Attorney(s) appearing for the Case

Charles M. Brewer, Ltd. by David L. Abney, Phoenix, Attorneys for The Estate of Mary Winn.

Jones, Skelton & Hochuli, P.L.C. by David S. Cohen, Eileen Dennis GilBride, Phoenix, Attorneys for Plaza Healthcare, Inc. and Plaza Healthcare Scottsdale Campus.

Wilkes & McHugh, P.A. by Melanie L. Bossie, James M. Morgan, Terry Schneier, Phoenix, Attorneys for Amici Curiae Estate of Mildred Fazio, Estate of August Rustad, Estate of Genoveva Moreno, Estate of Ruth Wall, Estate of Neil Hicks, and Estate of Lambert Pfeifer.

OPINION

BERCH, Vice Chief Justice.

¶ 1 This case requires us to determine whether Arizona Revised Statutes ("A.R.S.") section 14-3108(4) (2005) precludes a late-appointed personal representative from pursuing an elder abuse claim on behalf of a decedent's estate. We hold that it does not.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 Mary Winn died on February 6, 1999, after residing for less than a month in a nursing facility operated...

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