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BOYETT v. SMITH

No. 93CA0540.

888 P.2d 294 (1994)

Patricia A. BOYETT and Gary W. Boyett, Plaintiffs-Appellants, v. Stuart L. SMITH, Robert Weiss, and Lutheran Medical Center, a Colorado non-profit corporation, Defendants-Appellees.

Colorado Court of Appeals, Div. C.

Rehearing Denied June 16, 1994.

Certiorari Granted February 13, 1995.

Attorney(s) appearing for the Case

Myers, Hoppin, Bradley & Devitt, P.C., Frederick J. Myers, Gregg W. Fraser, Denver, for plaintiffs-appellants.

Hall & Evans, L.L.C., Alan Epstein, Richard A. Hanneman, Linda S. Comer, Denver, for defendant-appellee Stuart L. Smith.

Gallo & Godfrey, F. James Gallo, Andrew D. Silverman, Denver, for defendant-appellee Robert Weiss.

Breit, Best, Richman and Bosch, P.C., Douglas E. Best, Ellen Ostheimer Creagar, Denver, for defendant-appellee Lutheran Medical Center.

Opinion by Judge RULAND.

Plaintiff, Patricia A. Boyett, appeals from summary judgments dismissing her negligence claims against defendants, Stuart L. Smith, Robert Weiss, and Lutheran Medical Center, as time barred. Plaintiff, Gary W. Boyett, appeals from the dismissal of his derivative claim for loss of consortium. We reverse and remand for further proceedings.

The submissions of the parties in support of and in opposition to Smith's motion for summary judgment...

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