SCRUGGS v. OTTEMAN

No. 79CA0450.

640 P.2d 259 (1981)

Curtis Neal SCRUGGS, Plaintiff-Appellant, v. Merlin OTTEMAN, Stanley W. Henson, Jr., and James K. Wise, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

Rehearing Denied December 10, 1981.


Attorney(s) appearing for the Case

Bragg & Dubofsky, P. C., Frank N. Dubofsky, Boulder, for plaintiff-appellant.

Zarlengo, Mott & Zarlengo, John C. Mott, Denver, for defendants-appellees.


KIRSHBAUM, Judge.

In this medical malpractice action, plaintiff, Curtis Neal Scruggs, appeals a jury verdict against him and in favor of defendants, Drs. Merlin Otteman, Stanley W. Henson, Jr., and James K. Wise. We reverse.

The record reveals that on Saturday, July 14, 1973, plaintiff was hospitalized for severe abdominal pains. The attending emergency room physician noted in his medical report that plaintiff complained of symptoms often indicative of a perforated...

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