Elardo, Bragg, Appel & Rossi

Medical Expenses of Minors

Desela v. Prescott Unified School District, 226 Ariz. 387, 249 P.3d 767 (2011)

Two months after 15-year-old Maddison sustained injuries, her mother assigned all claims for medical expenses and, within the year after she turned 18, Maddison’s estate filed suit. Upon review of the superior court’s dismissal of the claim for failure to file within a year after injury, the Court held that the right to recover pre-majority medical expenses belongs to both the injured minor and the parents but double recovery is not permitted.