Walsh v. Advanced Cardiac Specialists Chartered

OPINION

BARKER, Judge.

¶ 1 Plaintiffs Annette Forrester, Scott Walsh, Steven Walsh, and Lisa Cline (“the children”) appeal from the superior court’s award of zero dollars in damages for the wrongful death of their father. They claim that this award is insufficient under Rule 59(a)(5) of the Arizona Rules of Civil Procedure. The trial court considered the issue to have been waived. We uphold the jury’s right to award zero damages and remand for the court to rule on the Rule 59(a)(5) motion for new trial consistent with the principles that follow.

Facts and Procedural History

¶ 2 This appeal arises…