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EISENHOWER HOSPITAL OSTEOPATHIC v. TAYLOR

Nos. 78-550, 78-690.

609 P.2d 1114 (1979)

EISENHOWER HOSPITAL OSTEOPATHIC, a Colorado Corporation, Glens Falls Insurance Company, a New York Corporation, Plaintiffs-Appellants, v. Geraldine TAYLOR, American Empire Insurance Company, an Ohio Corporation, and Clyde A. Arrington, Defendants-Appellees. EISENHOWER HOSPITAL OSTEOPATHIC, a Colorado Corporation, Glens Falls Insurance Company, a New York Corporation, and Northwestern National Insurance Group, a Wisconsin Corporation, Plaintiffs-Appellees, v. Geraldine TAYLOR, American Empire Insurance Company, an Ohio Corporation, and Clyde A. Arrington, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 17, 1980.

Certiorari Denied April 14, 1980.

Attorney(s) appearing for the Case

Rector, Retherford, Mullen & Johnson, Jerry A. Retherford, Colorado Springs, for plaintiffs-appellants, and plaintiffs-appellees, Eisenhower Hospital Osteopathic and Glens Falls Insurance Company, and plaintiffs-appellees, Northwestern National Insurance Group.

Kane, Donley & Wills, Hayden W. Kane, Colorado Springs, for defendants-appellants Geraldine Taylor and American Empire Insurance Co.

PIERCE, Judge.

This is an appeal of a judgment apportioning liability among insurance companies. We affirm.

This action originally arose out of a judgment for $255,000 in a wrongful death action entered against Eisenhower Hospital Osteopathic and two of its employees, Geraldine Taylor, a nurse, and Robert L. Lennon, an osteopathic anesthesiologist. Subsequent to the judgment in the wrongful death action, a declaratory action was filed by Eisenhower Hospital...

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