Smith v. Payne

FELDMAN, Vice Chief Justice.

Kenneth H. Smith (Smith) seeks review of a court of appeals’ decision holding that the settlement agreement he made with his employer and its industrial insurance carrier was ineffective under A.R.S. § 23-1023(B) as a reassignment of Smith’s third-party damage claim for medical malpractice. Smith v. Payne, No. 1 CA-CIV 8823 (Ariz.Ct.App. Apr. 21, 1987) (memorandum decision). Because this decision conflicts with that rendered by the court of appeals in Ducksworth v. Towmotor Corp., 153 Ariz. 330, 736 P.2d 813 (App.1987), we granted review. See Rule 23(c),…