Governale v. Lieberman

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 case. We disagree and hold that the statute is constitutional and therefore affirm.

BACKGROUND

¶2 In February 2008, Governale filed a…