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MILLER v. CAMPBELL

No. 97CA0166.

971 P.2d 261 (1998)

Richard D. MILLER and Mary L. Miller, individually and as surviving parents of Jar'red Miller, Plaintiffs-Appellants, v. David N. CAMPBELL, M.D., Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

Rehearing Denied July 2, 1998.

Certiorari Denied February 16, 1999.

Attorney(s) appearing for the Case

P. Randolph Nicholson, P.C., P. Randolph Nicholson, Schoenwald, Sanger & Kudla, L.L.C., Susan L. Sanger, Denver, for Plaintiffs-Appellants.

Long & Jaudon, P.C., Alan D. Avery, James M. Miletich, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge NEY.

In this medical malpractice action, plaintiffs, Richard Dean and Mary Lou Miller, individually, and as surviving parents of the decedent, Jar'red Miller, appeal from the trial court's order dismissal their complaint against defendant, David N. Campbell, M.D., on the basis that it was barred by governmental immunity. We vacate the dismissal and remand with directions.

On September 20, 1994, the decedent, who was then nine years old, underwent...

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