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NEVES v. POTTER

No. 87SC373.

769 P.2d 1047 (1989)

Deanna M. NEVES, individually and as natural guardian of Manuel D. Neves, III, a minor, and Manuel D. Neves, II, individually and as natural guardian and duly appointed conservator of the Estate of Manuel D. Neves, III, a minor, protected person, Petitioners, v. Robert E. POTTER, D.O., and Gilbert Roth, D.O., Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing March 13, 1989.

Attorney(s) appearing for the Case

Law Firm of Kenneth D. Kinnaird, Kenneth D. Kinnaird, Colorado Springs, for petitioners.

Cooper & Kelley, P.C., Mick T. Mihm, and John R. Mann, Denver, for respondent, Robert E. Potter, D.O.

Wills and Gorsuch Kirgis, Lee R. Wills, Colorado Springs, for respondent, Gilbert Roth, D.O.

Pryor, Carney and Johnson, Robert W. Carney, Irving G. Johnson, and Elizabeth C. Moran, Englewood, for amicus curiae, Colorado Defense Lawyers Ass'n.

Gerald P. McDermott and Springer and Steinberg, P.C., Jeffrey A. Springer, Denver, for amicus curiae Colorado Trial Lawyers Ass'n.

ERICKSON, Justice.

We granted certiorari to review the court of appeals decision in Neves v. Potter, 748 P.2d 1335 (Colo.App.1987), which affirmed the trial court's entry of summary judgment in favor of the respondent doctors. The issue is whether a release executed by the Neves which specifically released the Eisenhower Hospital "as well as any and all other persons, firms or corporations" from liability for malpractice also...

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