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COLORADO PERMANENTE MEDICAL GROUP v. EVANS

No. 95SC270.

926 P.2d 1218 (1996)

COLORADO PERMANENTE MEDICAL GROUP, P.C.; David M. Guidot, M.D.; Joan Bodak; and Bonnie Ricke, Petitioners/Cross-Respondents, v. Susan M. EVANS, as an Individual; Susan M. Evans, as Guardian of Keith A. Evans, Melinda N. Evans and Rebecca D. Evans, Minors; and Susan M. Evans, as Representative of the Estate of Michael D. Evans, Deceased, Respondents/Cross-Petitioners.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 9, 1996.

Attorney(s) appearing for the Case

Pryor, Johnson, Montoya, Carney & Karr, P.C., Elizabeth C. Moran, Scott S. Nixon, Englewood, for Petitioners/Cross-Respondents.

FitzGerald Law Offices, Robert M. FitzGerald, Lohf, Shaiman & Jacobs, P.C., John C. Steele, Denver, for Respondents/Cross-Petitioners.

Justice KOURLIS delivered the Opinion of the Court.

Susan Evans (Evans) brought a medical malpractice and wrongful death suit arising out of the death of her husband, Michael Evans (decedent), against Kaiser Foundation Health Plan (Kaiser),1 Colorado Permanente Medical Group (CPMG),2 Dr. David Guidot, and several Kaiser employees. The threshold issue presented to us by certiorari3

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