Moretto v. Samaritan Health System

OPINION

FIDEL, Judge.

¶ 1 This medical malpractice lawsuit arises from a back injury that Plaintiff Edward Moretto sustained at Havasu Samaritan Regional Hospital while undergoing physical therapy for an industrial injury to his knee. The trial court entered summary judgment for Defendant Samaritan Health System, which administers the hospital, concluding that Moretto had relinquished his claim against Samaritan by failing to pursue it within statutory time constraints.

¶ 2 The statute in question, A.R.S. § 23-1023(B) (1995), transfers the right to bring a third-party personal injury claim from…