Robin Roebuck v. Mayo Clinic

Summary

The Arizona Supreme Court held that the pandemic-liability statute unconstitutionally abrogated the anti-abrogation right by eliminating ordinary-negligence claims against health care providers and requiring proof of gross negligence instead. Gross negligence was not a reasonable alternative because it adds a reckless-indifference mental-state requirement that excludes a substantial class of patients injured by ordinary negligence. The court severed the statute’s clear-and-convincing-evidence requirement, reversed summary judgment for Mayo Clinic, and remanded for further proceedings.