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RASOR v. NORTHWEST HOSPITAL, LLC

No. CV-16-0134-PR.

403 P.3d 572 (2017)

Karyn D. RASOR and Donald Miller, Wife and Husband, Plaintiffs/Appellants/Cross-Appellees, v. NORTHWEST HOSPITAL, LLC dba Northwest Medical Center, Defendant/Appellee/Cross-Appellant.

Supreme Court of Arizona.

Filed October 18, 2017.

Attorney(s) appearing for the Case

Kevin E. Miniat (argued), Miniat & Wilson, LPC, Tucson, Attorneys for Karyn D. Rasor and Donald Miller

Kari B. Zangerle, Mary G. Isban (argued), Robert C. Stultz, Campbell, Yost, Clare & Norell, P.C., Phoenix, Attorneys for Northwest Hospital, LLC, dba Northwest Medical Center

Stanley G. Feldman, Miller, Pitt, Feldman & McAnally, P.C., Tucson; JoJene E. Mills, Law Office of JoJene Mills, P.C., Tucson; David L. Abney, Ahwatukee Legal Office, P.C., Phoenix, Attorneys for Amicus Curiae Arizona Association for Justice/Arizona Trial Lawyers Association.

JUSTICE BOLICK authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE PELANDER, and JUSTICES BRUTINEL, TIMMER, GOULD, and LOPEZ joined.

¶ 1 This case involves challenges to qualifications for expert witnesses in a medical malpractice action. We hold that a defendant may move for summary judgment based on a proposed expert's lack of requisite qualifications under A.R.S. § 12-2604 without first challenging the sufficiency of the expert...

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