Legal Opinion

Nevens Ex Rel. Hardt v. AZHH, LLC

Court of Appeals of Arizona

Decided May 30, 2017No. 1 CA-CV 15-0532PublishedCited by 3 opinions

1Opinion of the Court

OPINION

DOWNIE, Judge:

¶ 1 Cathie Hardt and Lome Nevens (collectively, “Appellants”) appeal a final judgment entered after a jury trial that resulted in a defense verdict. 2 Because we conclude the superior court improperly precluded Appellants’ rebuttal causation expert as “dupli-cative,” and Appellants have demonstrated resulting prejudice, we reverse and remand for a new trial.

FACTS AND PROCEDURAL HISTORY

¶ 2 Hardt was admitted to the Arizona Heart Hospital (“AZHH”) in the early morning hours of August 25, 2008 with “complete occlusion of the distal aorta at its bifurcation, which presented…

2Cases cited14 opinions

  1. State v. SmithArizona Supreme Court · 1983
  2. Kevin Allen Big Pond v. StateNevada Supreme Court · 1985
  3. Schwartz v. Farmers Ins. Co. of ArizonaCourt of Appeals of Arizona · 1990
  4. Yauch v. Southern Pacific Transportation Co.Court of Appeals of Arizona · 2000
  5. Perguson v. TamisCourt of Appeals of Arizona · 1996

9 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Stuck v. Miami Valley Hosp.Ohio Court of Appeals · 2020
  2. Denitang v. Arizona TherapyCourt of Appeals of Arizona · 2020
  3. Ronnie McDaniel v. Payson HealthcareArizona Supreme Court · 2022

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API