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PHILLIPS v. BEETHE

No. 82CA1432.

679 P.2d 126 (1984)

Raymond PHILLIPS, as an individual, Raymond Phillips, as surviving spouse and next friend and representative of the estate of Evelyn Phillips, Deceased, Plaintiff-Appellant, v. Dr. R.C. BEETHE, M.D., Defendant-Appellee.

Colorado Court of Appeals, Div. II.

March 1, 1984.

Attorney(s) appearing for the Case

Heyl, Bostrom, Haring & Hitt, Guy M. Heyl, Jeffrey J. Peshut, Denver, for plaintiff-appellant.

Hall & Evans, Alan Epstein, Denver, for defendant-appellee.

ENOCH, Chief Judge.

Plaintiff, Phillips, appeals the trial court's entry of summary judgment dismissing his wrongful death and medical malpractice claims in favor of the defendant, Dr. Beethe. We affirm in part and reverse in part.

On December 9, 1978, plaintiff's wife went to see Dr. Beethe with severe vomiting. Dr. Beethe diagnosed Mrs. Phillips as having acute gastritis. Mrs. Phillips was transferred to a Denver hospital on December 10, 1978, and the following...

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