Moretto v. Samaritan Health System

OPINION

VOSS, Judge.

Plaintiff-Appellant Edward Moretto (“Moretto”) appeals from summary judgment for Defendant-Appellee Samaritan Health System (“Samaritan”). Moretto had sought malpractice damages from Samaritan alleging that a physical therapist treating his compensable industrial knee injury negligently caused a secondary back injury. Two issues are presented. First, did procedural irregularities deprive Moretto of a reasonable opportunity to present facts to oppose summary judgment? Second, does Ariz.Rev.Stat. Ann. (“A.R.S.”) subsection 23-1023(B) (1995), as interpreted in Lavello v.…