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Legal Opinion

Rivers v. Solley

Court of Appeals of Arizona

Decided February 5, 2008No. 1 CA-CV 07-0100PublishedCited by 14 opinions

1Opinion of the Court

OPINION

OROZCO, Judge.

¶ 1 This is a sanctions case for an Arizona Rule of Civil Procedure 26.1 (Rule 26.1) discovery violation. Silester Rivers (Rivers) appeals the trial court’s dismissal of his personal injury claim for faffing to disclose the existence of a prior accident resulting in emergency room treatment. Rivers did not disclose the prior accident during discovery and never mentioned it during his Independent Medical Exam (IME), even though the prior accident caused physical complaints similar to those stemming from the accident in this case and predated it by only sixteen days.…

2Cases cited6 opinions

  1. Allstate Insurance v. O'TooleArizona Supreme Court · 1995
  2. Zimmerman v. ShakmanCourt of Appeals of Arizona · 2003
  3. Montgomery Ward & Co. v. Superior CourtCourt of Appeals of Arizona · 1993
  4. Wayne Cook Enterprises, Inc. v. Fain Properties Ltd. PartnershipCourt of Appeals of Arizona · 1999
  5. Lenze v. Synthes, Ltd.Court of Appeals of Arizona · 1989

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3Cited by14 opinions

  1. Tilley v. DelciCourt of Appeals of Arizona · 2009
  2. Roberts v. City of PhoenixCourt of Appeals of Arizona · 2010
  3. Seidman v. SeidmanCourt of Appeals of Arizona · 2009
  4. Estate of Lewis v. LewisCourt of Appeals of Arizona · 2012
  5. Lund v. DonahoeCourt of Appeals of Arizona · 2011

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