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BONSER v. SHAINHOLTZ

No. 97CA0395.

983 P.2d 162 (1999)

Kelly BONSER, Plaintiff-Appellee, v. Todd H. SHAINHOLTZ, D.D.S., Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Certiorari Granted September 7, 1999.

Attorney(s) appearing for the Case

Heckman & O'Connor, P.C., Brett Steven Heckman, Vail, Colorado, for Plaintiff-Appellee.

Pryor, Johnson, Montoya, Carney & Karr, P.C., Elizabeth C. Moran, Daniel M. Hubbard, Englewood, Colorado, for Defendant-Appellant.

Opinion by Judge METZGER.

In this dental malpractice action, defendant, Todd H. Shainholtz, D.D.S., appeals the judgment entered on a jury verdict awarding $70,070 to plaintiff, Kelly Bonser. We reverse and remand for a new trial.

The premise of plaintiff's complaint was that certain treatment provided by defendant had caused a temporal mandibular joint (TMJ) disorder. The care at issue occurred during an office visit in late 1995. During

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