Arojojoye v. Allen

Summary

The Arizona Supreme Court held that the court of appeals misapplied A.R.S. § 12-2604 as construed in Baker because it identified the care or treatment at issue solely as the wound care Dr. Arojojoye rendered, ignoring the plaintiff's allegation that the actionable conduct was his failure to recognize and treat Crystal Allen's developing systemic infection. Because the trial court's stated reason for denying summary judgment was indeterminate and failed Rule 56(a)'s clarity requirement, the Court vacated both the court of appeals' decision and the trial court's ruling and remanded for reconsideration. The Court further held that expert-qualification determinations are reviewed for abuse of discretion (statutory interpretation de novo), that a trial court must independently assess a claimed board certification against Baker's factors before requiring a same-specialty expert, and that a defendant invoking a specialty must have devoted a majority of professional time to it in the preceding year under § 12-2604(A)(2).