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SPROTT v. ROBERTS

No. 20366.

390 P.2d 465 (1964)

Michael M. SPROTT, by his mother and next friend, Lois M. Sprott, Plaintiff in Error, v. Claude O. ROBERTS, M. D., Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied April 6, 1964.

Attorney(s) appearing for the Case

Kenneth N. Kripke, Denver, for plaintiff in error.

Coit & Walberg, Denver, for defendant in error.

SUTTON, Justice.

Michael Sprott, age 5, by his mother and next friend, Lois Sprott, filed a malpractice action against Claude O. Roberts an anesthesiologist and Philip P. Pyles, a dentist. Service of process was had only on Dr. Roberts.

The complaint in its first claim in substance alleged that Michael had been taken by his mother to Dr. Pyles for dental work, that Dr. Pyles engaged Dr. Roberts to administer an anesthetic...

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