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WALLMAN v. KELLEY

No. 97CA0838.

976 P.2d 330 (1998)

Lynn WALLMAN, Plaintiff-Appellant, v. Bob KELLEY, d/b/a Acupuncture and Chinese Medicine, and Indochina Ginseng, Inc., Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing September 17, 1998.

Certiorari Denied May 10, 1999.

Attorney(s) appearing for the Case

The Leventhal Law Firm, P.C., Grant Marylander, Beth Krulewitch, Natalie Brown, James M. Leventhal, Denver, for Plaintiff-Appellant.

Ciccarelli & Kenney, L.L.C., Christopher Kenney, Denver, for Defendant-Appellee Bob Kelley, d/b/a Acupuncture and Chinese Medicine.

Varnell & Associates, J. Gregory Morrell, Denver, for Defendant-Appellee Indochina Ginseng, Inc.

Opinion by Judge CASEBOLT.

In this product liability action, plaintiff, Lynn Wallman, appeals the summary judgment dismissing her claims against the defendants, Bob Kelley, doing business as Acupuncture and Chinese Medicine, and Indochina Ginseng, Inc. We affirm in part, reverse in part, and remand with directions.

Plaintiff purchased and consumed a Chinese herbal medicine, Jin Bu Huan (JBH), to relieve pain in her thumb and to treat insomnia. Within a month...

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