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PRESTON v. KINDRED HOSPITALS WEST, L.L.C.

No. 1 CA-CV 09-0106.

236 P.3d 450 (2010)

Lettie PRESTON and Rodena Preston, Co-Personal Representatives of the Estate of William Everett Preston, on behalf of the Estate of William Everett Preston, deceased; and Lettie Preston and Rodena Preston on behalf of William Everett Preston's statutory beneficiaries pursuant to A.R.S. section 12-612(A), Plaintiffs/Appellants, v. KINDRED HOSPITALS WEST, L.L.C., a Delaware limited liability company, dba Kindred Hospital Arizona-Scottsdale; Kindred Healthcare Operating, Inc., a Delaware corporation; Kevin Nicholson, Administrator; Steve Smith, Executive Director; Scott Floden, Executive Director, Defendants/Appellees.

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

August 5, 2010.

Attorney(s) appearing for the Case

Wilkes & McHugh, P.A., By Melanie L. Bossie, Phoenix, Co-Counsel for Plaintiffs/Appellants.

Scott E. Boehm, Phoenix, Co-Counsel for Plaintiffs/Appellants.

Holloway Odegard Forrest & Kelly, P.C., by Vincent J. Montell, Anthony J. Fernandez, Larry J. Wulkan, Phoenix, Attorneys for Defendants/Appellees.

OPINION

DOWNIE, Judge.

¶ 1 This case involves interpretation of Rule 17(a) of the Arizona Rules of Civil Procedure ("Rule"). We hold that plaintiffs/appellants should have been allowed to join or substitute the bankruptcy trustee as the real party in interest, without establishing that the proper party plaintiff was difficult to determine or that they made an "understandable mistake" by not naming the trustee in the first instance. Because the superior...

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