Patricia Langager and Leroy Langager, Husband and Wife v. Lake Havasu Community Hospital

This matter comes before us for a second time. See, Langager v. Lake Havasu Community Hospital, 688 F.2d 664 (9th Cir.1982). (Langager I)

For the underlying facts, reference is made to the prior decision in this case. In Langager I, we could not tell whether the trial court had taken into account the allegations in plaintiff’s complaint which presented a factual issue as to whether the defendants or their agents committed acts proscribed by ARS § 12-564(C) thus toll ing the three year statutory period. The matter was reversed and remanded for further proceedings.

Upon remand, defendants promptly filed a motion for summary judgment and an alternative motion to dismiss or for partial summary judgment. The grounds urged in support of defendants’ motion were as follows:

1. Plaintiffs’ complaint should be dismissed for failure to prosecute their case as required by Arizona law.

2. Plaintiffs cannot establish causation related to any alleged breach of duty by the defendant.

3. Plaintiffs’ claim is clearly time barred by the Arizona statute of limitations.

4. Although not barred by limitations, plaintiffs’ newest theory of liability is insufficient as a matter of law.

5.…