Cited by
Opinions in Arizona that cite Barrett v. Harris, 86 P.3d 954.
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STITH v. BELLA VITA HEALTH
Ariz. Ct. App. Div. 1 2026
at 311, ¶ 15 ( ¶ 11 (App. 2004)).
- Henke v. Hospital Ariz. 2025
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Henke v. Hospital
Ariz. 2025
8 HENKE, ET AL. v. HOSPITAL, ET AL. Opinion of the Court injury would not have occurred.” Sampson, 251 Ariz. at 311 ¶ 15 ( ¶ 11 (App. 2004)).
- Mauney v. Khan Ariz. Ct. App. Div. 1 2024
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Mauney v. Khan
Ariz. Ct. App. Div. 1 2024
Causation is a question for the jury “unless reasonable persons could not conclude that a plaintiff had proved this element.” ¶ 12 (App. 2004).
- Premier Consulting v. Peace Releaf Ariz. Ct. App. Div. 1 2024
- Premier Consulting v. Peace Releaf Ariz. Ct. App. Div. 1 2024
- Antoinette Windhurst v. Adoc Ariz. 2023
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Antoinette Windhurst v. Adoc
Ariz. 2023
“Causation is generally a question of fact for the jury unless reasonable persons could not conclude that a plaintiff had proved this element.” ¶ 12 (App. 2004).
- Polyard v. Alattar Ariz. Ct. App. Div. 1 2023
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Polyard v. Alattar
Ariz. Ct. App. Div. 1 2023
To establish the requisite causal connection, the plaintiff’s expert is generally required to testify as to probable causes of the plaintiff's injury.” Benkendorf, 228 Ariz. at 530 ¶ 8 ( ¶ 12 (App. 2004) and citing cases).
- Dolan v. State Ariz. Ct. App. Div. 1 2022
- Dolan v. State Ariz. Ct. App. Div. 1 2022
- ANTOINETTE WINDHURST v. ARIZONA DEPARTMENT OF CORRECTIONS Ariz. Ct. App. Div. 2 2021
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ANTOINETTE WINDHURST v. ARIZONA DEPARTMENT OF CORRECTIONS
Ariz. Ct. App. Div. 2 2021
¶17 Similarly, causation must be proved through “expert medical testimony, unless the [causal] connection is readily apparent to the trier of fact.”
- Michelle Sampson v. Surgery Center Ariz. 2021
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Michelle Sampson v. Surgery Center
Ariz. 2021
¶ 12 (App. 2004), the court articulated the baseline principle that “[c]ausation in a medical malpractice action must be proved by expert testimony unless the connection between the conduct and the injury is readily apparent.” Sampson, 2019 WL 7187252, at *2 ¶ 9.
- Neary v. Abor Ariz. Ct. App. Div. 1 2021
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Neary v. Abor
Ariz. Ct. App. Div. 1 2021
A third person’s criminal act is a superseding cause when the illegal conduct does not fall “within the recognizable risk that made the conduct negligent.” ¶ 28 (App. 2004); see also Cent.
- Ott v. Banner Ariz. Ct. App. Div. 1 2021
- Ott v. Banner Ariz. Ct. App. Div. 1 2021
- Koskovich v. Scottsdale Healthcare Ariz. Ct. App. Div. 1 2021
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Koskovich v. Scottsdale Healthcare
Ariz. Ct. App. Div. 1 2021
To establish proximate cause, the plaintiff must show “a natural and continuous sequence of events stemming from the defendant’s act or omission, unbroken by any efficient intervening cause, that produces an injury, in whole or in part, and without which the injury would not have occurred.” ¶ 11 (App. 2004).
- Harianto v. State Ariz. Ct. App. Div. 1 2020
- Harianto v. State Ariz. Ct. App. Div. 1 2020
- Muscat v. creative/akande Ariz. Ct. App. Div. 1 2020
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Muscat v. creative/akande
Ariz. Ct. App. Div. 1 2020
¶ 11 (App. 2004), we said the following about proximate cause: A plaintiff proves proximate cause, also referred to as legal cause, by demonstrating a natural and continuous sequence of events stemming from the defendant’s act or omission, unbroken by any efficient intervening cause, tha
- Harren v. Armenta Ariz. Ct. App. Div. 1 2020
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Harren v. Armenta
Ariz. Ct. App. Div. 1 2020
But “[n]egligence is not actionable in the abstract,” ¶ 28 (App. 2004) (citation omitted), and the proffered affidavit failed to point out how Appellees’ negligence “caused or contributed” to the unsuccessful outcome in the Tonto Supply litigation.
- Sampson v. Surgery Ariz. Ct. App. Div. 1 2019
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Sampson v. Surgery
Ariz. Ct. App. Div. 1 2019
To establish proximate cause, the plaintiff must show “a natural and continuous sequence of events stemming from the defendant’s act or omission, unbroken by any efficient intervening cause, that produces an injury, in whole or in part, and without which the injury would not have occurred.” ¶ 11 (App. 2004).
- Santos v. Trolley Ariz. Ct. App. Div. 1 2019
- Santos v. Trolley Ariz. Ct. App. Div. 1 2019
- Dupray v. Jai Dining 432 P.3d 937 Ariz. Ct. App. Div. 1 2018
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Dupray v. Jai Dining
432 P.3d 937
Ariz. Ct. App. Div. 1 2018
–06 (1983); Patterson, 214 Ariz. at 438–39 ¶¶ 13–14; ¶ 11 (App. 2004).
- Monje v. Corey Md Ariz. Ct. App. Div. 1 2018
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Monje v. Corey Md
Ariz. Ct. App. Div. 1 2018
¶14 In a medical malpractice lawsuit, the plaintiff must establish a “causal connection between an act or omission and the ultimate injury through expert medical testimony, unless the connection is readily apparent to the trier of fact.” ¶ 12 (App. 2004).
- State v. Dominguez Ariz. Ct. App. Div. 1 2017
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State v. Dominguez
Ariz. Ct. App. Div. 1 2017
Generally, the question of causation is for the jury to decide.5 ¶ 12 (App. 2004).
- Webster v. Windsong Ariz. Ct. App. Div. 1 2016
- Webster v. Windsong Ariz. Ct. App. Div. 1 2016
- Courtney Cramer v. Hon. Starr/ munguia/bejarano 375 P.3d 69 Ariz. 2016
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Courtney Cramer v. Hon. Starr/ munguia/bejarano
375 P.3d 69
Ariz. 2016
¶ 29, (finding § 457 “instructive” on whether substantial evidence supported jury’s determination that independent medical examiner’s negligence increased the risk of, and proximately caused, workers’ compensation claimant’s death); ¶¶ 17–18, (stating that “[a]lthough § 457 can apply to successive acts of medical malpractice,” no evidence showed that doctor’s consultation advice 8 CRAMER V. STARR (MUNGUIA/BEJARANO) Opinion of the
- Hatch Development, LLC v. Solomon 377 P.3d 368 Ariz. Ct. App. Div. 1 2016
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Hatch Development, LLC v. Solomon
377 P.3d 368
Ariz. Ct. App. Div. 1 2016
¶ 11 (App. 2004); ¶ 6 (App. 2015).
- Clemens v. Dmb Ariz. Ct. App. Div. 1 2015
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Clemens v. Dmb
Ariz. Ct. App. Div. 1 2015
Causation is a question for the jury “unless reasonable persons could not conclude that a plaintiff had proved this element.” ¶ 12
- Preston v. Amadei 357 P.3d 159 Ariz. Ct. App. Div. 1 2015
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Preston v. Amadei
357 P.3d 159
Ariz. Ct. App. Div. 1 2015
¶ 12 (App. 2004) (explaining “[c]ausation is generally a question of fact for the jury”).
- Wagner v. State Ariz. Ct. App. Div. 1 2015