BANNOWSKY v. KRAUSER

Civ. A. No. C-1010.

294 F.Supp. 1204 (1969)

Marie BANNOWSKY, Plaintiff, v. William J. KRAUSER, and Community Hospital of Durango, Defendants.

United States District Court D. Colorado.

January 16, 1969.


Attorney(s) appearing for the Case

Palmer & Frost, Farmington, N. M., and Walter L. Gerash, Denver, Colo., for plaintiff.

Yegge, Hall, Treece & Evans, by Richard D. Hall and Ronald K. Griffith, Denver, Colo., for defendant William J. Krauser.

Hansen, Madden & Strate, by William J. Madden, Denver, Colo., for defendant Community Hospital of Durango.


MEMORANDUM OPINION AND ORDER

WILLIAM E. DOYLE, District Judge.

In this malpractice-wrongful death suit, the plaintiff-widow seeks recovery against the defendant, a surgeon, and the Durango hospital, on account of the alleged wrongful death of her husband. The defendant Krauser has moved to strike from the complaint the demand for damages which exceeds $35,000.00, which limitation exists in the Colorado wrongful death statute.

The alleged wrongful...

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