DeLozier v. Smith

KRUCKER, Judge.

This appeal arises from a wrongful death action instituted pursuant to A.R.S. § 12-611 et seq.,1 by appellee (plaintiff below), James L. Smith, the surviving husband of the decedent, Georgia Mae Smith. He brought the action in his own behalf and on behalf of his five surviving minor children. Mr. Smith sought to recover damages resulting from the death of his wife, which he alleged to have been caused by the malpractice of Dr. Joseph B. De-Lozier, appellant and defendant below. Nicholls Pharmacy was also included as a defendant, but is not a party to this appeal.

Defendant…