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AWSIENKO v. COHEN

No. 1 CA-CV 10-0376.

257 P.3d 175 (2011)

Halina AWSIENKO, surviving spouse; Nina Awsienko, surviving child; and Oleg Awsienko, surviving child, Plaintiffs/Appellants, v. Robert Steven COHEN, D.O. and Jane Doe Cohen, husband and wife; David Hoelzinger, M.D. and Dominique Beatriz Hoelzinger, husband and wife, Defendants/Appellees.

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

May 12, 2011.

Attorney(s) appearing for the Case

The Rosacci Law Firm, P.C. by Antonio M. Rosacci, Phoenix, Attorneys for Plaintiffs/Appellants Awsienko.

The Cavanagh Law Firm, P.A. by Mary G. Pryor, Taylor C. Young, Phoenix, Attorneys for Defendant/Appellee Cohen.

Jennings, Strouss & Salmon, P.L.C. by John J. Egbert, Frederick M. Cummings, Phoenix, Attorneys for Defendants/Appellees Hoelzinger.

OPINION

KESSLER, Presiding Judge.

¶ 1 Plaintiffs/Appellants Halina, Nina, and Oleg Awsienko (the "Awsienkos") appeal the superior court's summary judgments in favor of Defendants/Appellees David Hoelzinger, M.D. and Robert Steven Cohen, D.O. We affirm the judgment in favor of Dr. Hoelzinger. However, we reverse the judgment in favor of Dr. Cohen because we hold that pursuant to Arizona Revised Statutes ("A.R.S.") section 12-2604(A)(1) (Supp. 2010),...

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