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GOVERNALE v. LIEBERMAN

No. 1 CA-CV 10-0195.

250 P.3d 220 (2011)

Phillip GOVERNALE, a married man, Plaintiff-Appellant, v. Daniel LIEBERMAN, M.D.; Arizona Center for Neurosurgery, Ltd., an Arizona Corporation, Defendants-Appellees.

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

March 10, 2011.

Attorney(s) appearing for the Case

Cantor Simon PLLC by Craig J. Simon, Tempe, Law Offices of David L. Abney, Esq. by David L. Abney, Phoenix, Co-Counsel for Appellant.

The Cavanagh Law Firm, P.A. by Harding B. Cure, Patrick D. White, Taylor C. Young, Phoenix, Attorneys for Appellees.

OPINION

WEISBERG, Judge.

¶ 1 Phillip Governale appeals from the grant of summary judgment to Defendants Daniel Lieberman, M.D., and the Arizona Center for Neurosurgery, Ltd. (collectively "Defendants"). Governale argues that the superior court erred in failing to find that Arizona Revised Statutes ("A.R.S.") section 12-2604 (Supp. 2009) violates the Arizona Constitution by its restriction upon Governale's choice of an expert witness in a medical malpractice...

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