MILLER v. VAN NEWKIRK

No. 80CA0277.

628 P.2d 143 (1980)

Dale S. MILLER, Plaintiff-Appellant, v. Mylan R. VAN NEWKIRK, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied January 29 and February 26, 1981.

Certiorari Denied May 4, 1981.


Attorney(s) appearing for the Case

Fischer & Wilmarth, Steven G. Francis, Fort Collins, for plaintiff-appellant.

Pryro, Carney & Johnson, P.C., Thomas L. Roberts, Peter W. Pryor, Englewood, for defendant-appellee.


PIERCE, Judge.

In this medical malpractice action plaintiff appeals the trial court's granting of summary judgment in favor of defendant. We affirm in part and reverse in part.

On September 11, 1975, plaintiff Dale S. Miller consulted defendant Mylan R. Van Newkirk concerning treatment of a cataract in his right eye. Defendant informed plaintiff that the cataract should be removed.

Defendant advised plaintiff that he would use "phacoemulsification...

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