LEE v. COLORADO DEPT. OF HEALTH

No. 83SA414.

718 P.2d 221 (1986)

Lawrence Wayne LEE and Carol Lee, and Carol Lee, on Behalf of the minor children, Tammy Lee, Shana Lee, Jered Lee, Jeremiah Lee, and Joshua Lee, Plaintiffs-Appellants, v. The COLORADO DEPARTMENT OF HEALTH, a State Agency for the State of Colorado, and Dennis John Plog, individually, Defendants-Appellees and Cross-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 14, 1986.

As Modified on Denial of Rehearing May 2, 1986.


Attorney(s) appearing for the Case

James C. Anesi, Durango, for plaintiffs-appellants.

Hamilton, Shand & McLachlan, Michael E. McLachlan, Keith Newbold, Durango, for defendants-appellees and cross-appellants.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Laura E. Udis, Asst. Atty. Gen., Denver, for amicus curiae, Colorado Atty. Gen.'s Office.

Susan K. Griffiths, Tami A. Tanoue, Denver, for amicus curiae, Colorado Mun. League.


QUINN, Chief Justice.

This appeal raises several questions concerning the construction and application of the Colorado Governmental Immunity Act, §§ 24-10-101 to -118, 10 C.R.S. (1982 & 1985 Supp.), and a number of other issues as well. The appellants, Lawrence Wayne Lee (Wayne Lee), his wife Carol Lee, and the Lees' five children were plaintiffs in a negligence action filed against the Colorado Department of Health (Department) and its employee, Dennis...

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