Volume 557 — Pacific Reporter, Third Series

¶0 Administrator sought certiorari review from the Court of Civil Appeals' decision affirming the trial court's order sustaining Defendants' Motion to Dismiss. Administrator brought a wrongful death action against the defendants for damages arising from physician's alleged negligent and grossly negligent treatment of Decedent by failing to make a surgical repair which allegedly was the proximate cause of Decedent's sepsis and death. Administrator urged that the Court of Civil Appeals erred by deciding questions of substance in a way that was not in accord with applicable decisions of this Court. We agree and hold: (1) for claims arising under the Oklahoma Governmental Tort Claims Act (GTCA), the discovery rule applies to wrongful death actions arising from medical negligence; and (2) a governmental employee has no immunity under the GTCA for claims arising from gross negligence, acts outside the scope of employment, and the GTCA notice requirements do not apply to such tort claims. The opinion of the Court of Civil Appeals is vacated, the judgment of the trial court is reversed, and the matter remanded for further proceedings.

1. Was the trial court's general admonition that the defendant's failure to appear at sentencing could result in the loss of her right to appeal adequate to give the defendant notice under A.R.S. § 13-4033(C)? 2. Did the trial court err when it tried the defendant in absentia without inquiring further into the reasons for her absence after it presumed voluntariness under Rule 9.1, Ariz. R. Crim. P.? 3. Did the trial court err by violating the defendant's privilege against self-incrimination when it concluded the defendant had effectively raised an entrapment defense during opening statement and cross-examination, allowed the state to present rebuttal evidence, and instructed the jury on entrapment?

Opinion - Noncite/Memorandum - Justice McGrath - AFFIRMED