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TENNEY v. FLAXER

No. 86SA14.

727 P.2d 1079 (1986)

Clyde Arthur TENNEY and Ardith Mae Tenney, as Co-Guardians for Steven Clyde Tenney, Plaintiffs-Appellants, v. Carl FLAXER; Eugene Schulman; Frank S. Potestio; and Mercy Medical Center, Defendants-Appellees.

Supreme Court of Colorado, En Banc.

Rehearings Denied December 2, 1986.

Attorney(s) appearing for the Case

Roath & Brega, P.C., Robert E. Kendig, Denver, for plaintiffs-appellants.

Hall & Evans, Eugene O. Daniels, Alan Epstein, Denver, for defendants-appellees Carl Flaxer & Eugene Schulman.

Pryor, Carney & Johnson, Susan T. Smith, Friedrick C. Haines, Peter W. Pryor, Edward D. Bronfin, Denver, for defendant-appellee Frank S. Potestio.

Long & Jaudon, P.C., Joseph C. Jaudon, Robert M. Baldwin, Denver, for defendant-appellee Mercy Medical Center.

QUINN, Chief Justice.

Pursuant to Rule 21.1 of the Colorado Appellate Rules, the United States Court of Appeals for the Tenth Circuit has certified the following three questions of Colorado law which may be determinative of an appeal presently pending in that court:

1. Under the 1977 amendments to the Colorado medical negligence statute of limitations, Section 13-80-105, [6] C.R.S. [1985 Supp.], is this action barred where brought by a ... mentally incompetent...

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