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POSEY v. DISTRICT COURT IN AND FOR SECOND JUDICIAL DISTRICT

No. 28301.

586 P.2d 36 (1978)

O'Brian LaRay POSEY, a minor, By and Through his parents and next friends, Robert V. Posey and Mary L. Posey, and Robert V. Posey and Mary L. Posey, on their own behalves, Petitioners, v. The DISTRICT COURT IN AND FOR the SECOND JUDICIAL DISTRICT of the State of Colorado, and the Honorable George M. McNamara, One of the Judges thereof, Respondents.

Supreme Court of Colorado, En Banc.

October 23, 1978.

Attorney(s) appearing for the Case

Eugene L. Deikman, William D. Peterson, Denver, for petitioners.

Walberg & Pryor, Thomas L. Roberts, Denver, for defendant Doctor L. M. Robertson, Jr.

Montgomery, Little, Young, Campbell & McGrew, V. James Robinson, Jr., Denver, for defendant Presbyterian Medical Center.

ERICKSON, Justice.

Pursuant to C.A.R. 21, the petitioners who were the plaintiffs, in a professional liability case, sought a writ in the nature of prohibition to prevent the respondent district court from precluding discovery. We issued a rule to show cause and now discharge that rule.

The plaintiffs have sued Dr. L. M. Robertson, alleging that he negligently performed neurosurgery on plaintiff O'Brian LaRay Posey, a minor, between the dates of July 22 and...

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