Stafford v. Burns

OPINION

JONES, Judge:

¶ 1 Dalton and Kristine Stafford (the Staf-fords) appeal the trial court’s orders denying their motions for new trial and for relief from judgment following a jury verdict in favor of Appellees (collectively, Dr. Bums) on the Staffords’ claims for medical malpractice and wrongful death after their son, Jesse, died of a methadone overdose.

¶2 The Staffords argue the trial court erred in instructing the jury, pursuant to Arizona Revised Statutes (AR.S.) section 12-572(A), 1 that the Staffords bore the burden of proof by clear and convincing evidence because, they contend, Dr.…