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BARDA v. GUTHRIE

No. 73-135.

523 P.2d 155 (1974)

Philip BARDA and Sylvia Barda, Plaintiffs-Appellants, v. Clois H. GUTHRIE, D.O., Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied May 7, 1974.

Certiorari Granted July 1, 1974.

Attorney(s) appearing for the Case

Feldman & Homyak, Michael R. Homyak, Denver, for plaintiffs-appellants.

Hoffman & McDermott, Gerald P. McDermott, Denver, for defendant-appellee.

Selected for Official Publication.

RULAND, Judge.

Plaintiffs, husband and wife, appeal from a judgment dismissing their complaint. We reverse.

Plaintiffs filed their complaint to recover damages for alleged negligence by defendant in failing to advise plaintiff Philip Barda of the consequences of certain surgery, alleged battery, and loss of consortium resulting therefrom. The complaint contained a request for trial by jury on all issues. In response...

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