GUTHRIE v. BARDA

No. C-524.

533 P.2d 487 (1975)

Clois H. GUTHRIE, D.O., Petitioner, v. Philip BARDA and Sylvia Barda, Respondents.

Supreme Court of Colorado, En Banc.

March 24, 1975.


Attorney(s) appearing for the Case

Hoffman, McDermott & Hoffman, Gerald P. McDermott, Denver, for petitioner.

Feldman & Homyak, Michael R. Homyak, Denver, for respondents.


PRINGLE, Chief Justice.

Philip and Sylvia Barda brought a medical malpractice action alleging, inter alia, that Guthrie negligently failed to advise Philip Barda, his patient, of the consequences of certain surgery. The complaint contained a request for trial by jury on all issues.

Guthrie filed a motion to dismiss for lack of jurisdiction over the subject matter, C.R.C.P. 12(b)(1), and for failure to state a claim upon which relief can be granted,...

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