Legal Opinion

Beane v. Tucson Medical Center

Court of Appeals of Arizona

Decided December 7, 1970No. 2 CA-CIV 898PublishedCited by 13 opinions

1Opinion of the Court

HOWARD, Chief Judge.

The sole question presented on this appeal is whether the plaintiffs-appellants’ lawsuit is barred by the statute of limitations. The trial court decided this issue adversely to them and judgment in favor of the defendant, Tucson Medical Center, was entered accordingly.

On appeal the plaintiffs challenge the trial court’s ruling on the ground that the six-year limitation period prescribed in A. R.S. § 12-548 applied and, therefore, their action is not barred. Although their complaint sets forth two counts, one alleging breach of contract and the other alleging negligence,…

2Cases cited5 opinions

  1. Chavez v. KitschNew Mexico Supreme Court · 1962
  2. Division of Labor Law Enforcement v. DennisCalifornia Court of Appeal · 1947
  3. Tagus Ranch Co. v. HughesCalifornia Court of Appeal · 1944
  4. Kain v. Arizona Copper Co.Arizona Supreme Court · 1913
  5. Petty & Riddle, Inc. v. LuntUtah Supreme Court · 1942

3Cited by13 opinions

  1. Yazzie v. Olney, Levy, Kaplan & TennerCourt of Appeals for the Ninth Circuit · 1979
  2. Matherly v. HansonSupreme Court of Iowa · 1984
  3. Long v. BuckleyCourt of Appeals of Arizona · 1981
  4. Kersten v. Continental BankCourt of Appeals of Arizona · 1981
  5. Woodward v. Chirco Const. Co., Inc.Court of Appeals of Arizona · 1984

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