Arizona Supreme Court
Courtney Rene Cramer, Petitioner v. Hon. Patricia Ann Starr, Judge of the Superior Court of the State of Arizona…
July 18, 2016240 Ariz. 4
Summary
The Arizona Supreme Court held that Arizona's comparative-fault statutes permit a defendant to identify a nonparty physician as potentially at fault for enhanced injuries caused by allegedly negligent medical treatment. The original tortfeasor may remain liable for foreseeable enhanced harm, but liability must be determined through factual findings and comparative allocation of fault rather than automatic imputation of the medical provider's negligence. The court reversed the order striking the nonparty-at-fault notice and remanded.