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SHELTON v. PENROSE-ST. FRANCIS HEALTHCARE

No. 96CA1074.

968 P.2d 132 (1998)

Gretchen M. SHELTON and Carroll Shelton, Plaintiffs-Appellees and Cross-Appellants, v. PENROSE-ST. FRANCIS HEALTHCARE SYSTEM, a Colorado corporation, Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. II.

As Modified on Denial of Rehearing June 11, 1998.

Certiorari Granted November 30, 1998.

Attorney(s) appearing for the Case

Joe Orell, Colorado Springs, for Plaintiffs-Appellees and Cross-Appellants

Long & Jaudon, P.C., Michael T. McConnell, Christine A. Craigmile, Denver, for Defendant-Appellant and Cross-Appellee

Opinion by Judge CRISWELL.

Defendant, Penrose-St. Francis Healthcare System (hospital), appeals from a judgment entered on a jury verdict finding that licensed nurses on its staff negligently caused injury to plaintiff Gretchen May Shelton. The hospital asserts that the trial court erred in refusing to dismiss plaintiff's complaint for her failure to file a certificate of review, as required by § 13-20-602, C.R.S. 1997. We agree and reverse.

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