O'SULLIVAN-SCHULTZ v. KORMAN

── O'SULLIVAN-SCHULTZ v. KORMAN ── Court: Court of Appeals of Arizona Date: April 20, 2026 Category: General NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE ESTATE OF MARY O’SULLIVAN-SCHULTZ, et al., Plaintiffs/Appellants, v. KORMAN, LLC, Defendant/Appellee. No. 1 CA-CV 25-0440 FILED 04-20-2026 Appeal from the Superior Court in Maricopa County No. CV2018-012331 The Honorable Christopher Whitten, Judge AFFIRMED COUNSEL DePasquale Law Firm P.C., Phoenix By Mark J. DePasquale Co-Counsel for Plaintiffs/Appellants Knapp & Roberts, P.C., Scottsdale By Craig A. Knapp, David S. Friedman Co-Counsel for Plaintiffs/Appellants The Cavanagh Law Firm, P.A., Phoenix By Karen C. Stafford Counsel for Defendant/Appellee  O’SULLIVAN-SCHULTZ, et al. v. KORMAN Decision of the Court MEMORANDUM DECISION Judge Brian Y. Furuya delivered the decision of the Court, in which Presiding Judge Andrew M. Jacobs and Judge James B. Morse Jr. joined. F U R U Y A, Judge: ¶1 The Estate of Mary O’Sullivan-Schultz (the “Estate”) appeals the superior court’s order dismissing with prejudice all claims against Korman, LLC (“Korman”). The court’s judgment was filed after granting summary judgment in favor of Korman on two separate occasions. For the following reasons, we affirm. FACTS1 AND PROCEDURAL HISTORY ¶2 Mary O’Sullivan-Schultz (“O’Sullivan-Schultz”) was a resident of Copper Village, an assisted living facility for individuals with dementia and Alzheimer’s disease. O’Sullivan-Schultz’s residence had a courtyard and a gate surrounding it. The gate was unlocked from the outside so visitors could enter but locked from the inside to prevent the residents from leaving the property without the knowledge of caretakers. The gate also had a sign on the outside that read, “Please close gate securely. Keep our residents safe.” ¶3 Korman contracted with Copper Village to provide pharmaceutical services, including delivery of medications. ¶4 Around 2:00 a.m. on June 28, 2018, a Korman delivery driver arrived at Copper Village to drop off medications for three residents, not including O’Sullivan-Schultz. As the delivery driver opened the gate from the outside, a barefoot O’Sullivan-Schultz approached the open gate from inside the property. The delivery driver held the gate open while O’Sullivan-Schultz exited the premises. The delivery driver asked O’Sullivan-Schultz if she was allowed to leave, and O’Sullivan-Schultz said she was. The delivery driver then waited inside the gated area to drop off 1 When reviewing a court’s grant of summary judgment, we “review the facts and reasonable inferences in the light most favorable to the non- moving party.” Rosenberg v. Sanders, 256 Ariz. 359, 364 ¶ 24 (2023) (citation modified). 2  O’SULLIVAN-SCHULTZ, et al. v. KORMAN Decision of the Court the medications with a Copper Village employee. When the Copper Village employee arrived, the delivery driver informed the employee that a barefoot individual had left the property. After searching the area, the employee reported O’Sullivan-Schultz missing to the police around 3:30 a.m. ¶5 O’Sullivan-Schultz was found deceased on July 7, 2018, and the medical examiner listed her cause of death as environmental hyperthermia. The Estate filed a wrongful death suit in November 2018 against Copper Village, Korman, and others. Korman is the