With no explanation, chose the best option from "A", "B", "C" or "D". and recognizing anesthesiologist’s autonomy). ¶ 18 Because the trial court did not err in finding the Sanchezes had failed to establish the elements of res ipsa as to Levi and Tucson Orthopaedic, we affirm the grant of summary judgment in their favor. CONCURRING: PHILIP G. ESPINOSA, Judge and GARYE L. VÁSQUEZ, Judge. 1 . In that appeal, we decided the statutes applied retroactively to the Sanchezes’ claims — an issue they have also raised in this appeal. Sanchez, 218 Ariz. 317, n. 4, 183 P.3d at 1288 n. 4. 2 . For the same reason, we do not address the Sanchezes' argument that the legislature’s enactment of § 12-2603 impermissibly infringes on the judiciary’s constitutional power to make procedural rules. See Seisinger v. Siebel, 532 Ariz. Adv. Rep. 8, ¶ 19 (Ct.App. June 17, 2008) (<HOLDING>). 3 . During oral argument, the Sanchezes

A: holding mere deviation unconstitutional
B: holding  122604a companion legislation to  122603 unconstitutional
C: holding  1130 to be unconstitutional as applied to the plaintiff
D: holding the illinois statute unconstitutional as violating a special legislation proscription
B.