LININGER v. EISENBAUM

No. 86SC307.

764 P.2d 1202 (1988)

Thomas Pierce LININGER, a minor, By and Through his parents and next friends, Richard LININGER and Pamela Lininger, and Richard Lininger and Pamela Lininger, individually, Petitioners, v. Allan M. EISENBAUM, M.D., W. Bruce Wilson, M.D., Gerald E. Meltzer, M.D., and Gerald E. Meltzer, M.D., P.C., Respondents.

Supreme Court of Colorado, En Banc.

November 28, 1988.


Attorney(s) appearing for the Case

Neil A. Hillyard, M. Susan Kudla, Branney, Hillyard, Kudla and Lee, Englewood, for petitioners.

Peter W. Pryor, Ingrid E. Slezak, Pryor, Carney & Johnson, Englewood, for respondents.

Gerald P. McDermott, Gene M. Hoffman, Hoffman & Boyd, Denver, for amicus curiae Colorado Trial Lawyers Ass'n.

Susan Smith Fisher, Breit, Best, Richman and Bosch, P.C., Denver, for amicus curiae Colorado Defense Lawyers Ass'n.


ROVIRA, Justice.

Plaintiffs Richard and Pamela Lininger and their son, Pierce, seek review of the district court's dismissal of their medical malpractice claims against the defendants-physicians. We granted the Liningers' petition for a writ of certiorari pursuant to C.A.R. 50 on the following issues: (1) Does the complaint filed by an infant's parents, alleging negligent conduct by physicians resulting in wrongful birth, state a claim upon which relief may be granted...

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