Arizona High Court: OTR Doesn’t Preclude Nonparties From Liability For Injuries

(July 22, 2016, 1:16 PM EDT) -- PHOENIX — The common-law original tortfeasor rule (OTR) “does not preclude a defendant from alleging and proving, or the trier of fact from considering and finding, fault of a nonparty physician who treated the plaintiff for injuries allegedly sustained from the defendant’s tort,” the Arizona Supreme Court held July 18 in a personal injury case for which it granted review because it presented “an unsettled legal question that is of statewide interest and likely to recur” (Courtney Rene Cramer v. Hon. Patricia Ann Starr, et al., No. CV-15-0317-PR, Ariz. Sup.; 2016 Ariz. LEXIS 199)....

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