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February 2017

Phoenix Team Obtains Swift Summary Judgment for Medical IT Client

Gordon & Rees Phoenix partner Leon Silver, along with associate Mary Curtin, won summary judgment in the Mohave County Superior Court on behalf of their client, a provider of hosted information technology services for medical facilities.

The plaintiff was a traveling nurse stationed at an Arizona hospital.  During the plaintiff’s tenure at the hospital, drug dispensing software generated diversion reports which flagged the plaintiff’s account for possible theft of controlled substances. The plaintiff unexpectedly left her position before her contract expired, leading the hospital to report the drug diversion reports to local police and to the plaintiff’s licensing board. The plaintiff sued the hospital, individual hospital employees, and Gordon & Rees’s client alleging breach of contract and various tort claims based on an alleged defect in software used by the hospital. 

Gordon & Rees moved for summary judgment, arguing that there was no causal connection between the firm's client and the plaintiff's alleged harm.The Court granted Gordon & Rees’s motion and dismissed all claims against the firm's client with prejudice.  

Leon B. Silver



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