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ESTATE OF DESELA v. PRESCOTT UNIFIED SCHOOL

No. CV-10-0172-PR.

249 P.3d 767 (2011)

ESTATE OF Maddison Alexis DESELA, a protected person, Plaintiff/Appellant, v. PRESCOTT UNIFIED SCHOOL DISTRICT NO. 1, a public entity of the State of Arizona; Louisa Nelson, an employee of Prescott Unified School District; Tracey Mason Johnston, an employee of Prescott Unified School District, Defendants/Appellees.

Supreme Court of Arizona.

January 18, 2011.

Attorney(s) appearing for the Case

Jensen Law Firm, P.C. By Christopher W. Jensen , Sean Phelan , Prescott, and Knapp & Roberts, P.C. By David L. Abney , Scottsdale, Attorneys for Estate of Maddison Alexis DeSela.

Holm Wright Hyde & Hays PLC By Matthew W. Wright , David K. Pauole , Phoenix, Attorneys for Prescott Unified School District No. 1, Louisa Nelson, and Tracey Mason Johnston.

Jones, Skelton & Hochuli P.L.C. By Eileen Dennis GilBride , Phoenix, Attorneys for Amici Curiae Arizona Counties Insurance Pool and City of Phoenix.

Humphrey & Petersen, P.C. By Andrew J. Petersen , Tucson, Attorneys for Amicus Curiae Arizona Association of Defense Counsel.

OPINION

BALES, Justice.

¶ 1 The issue is whether an action to recover medical expenses for injuries to a child is time-barred. Revising Arizona's common law rule, we hold that both the minor and the minor's parents are entitled to recover pre-majority medical expenses, but double recovery is not permitted. Pearson & Dickerson Contractors, Inc. v. Harrington, 60 Ariz. 354, 137 P.2d 381 (1943...

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