MITCHELL v. RYDER

No. 99CA0586.

20 P.3d 1229 (2000)

Denise MITCHELL, Plaintiff-Appellant, v. Gloria RYDER, Ph.D., Defendant-Appellee, and Concerning Juanita Benetin, Attorney-Appellant.

Colorado Court of Appeals, Div. V.

Rehearing Denied October 12, 2000.

Certiorari Granted April 16, 2001.


Attorney(s) appearing for the Case

Juanita Benetin, P.C., Juanita Benetin, Brandi Pummell, Denver, Colorado, for Plaintiff-Appellant and Attorney-Appellant.

Law Offices of Peter R. Bornstein, Peter R. Bornstein, Denver, Colorado, for Defendant-Appellee.


Opinion by Judge CASEBOLT.

Plaintiff, Denise Mitchell, appeals the summary judgment entered in favor of defendant, Gloria Ryder, on her negligence claim. Plaintiff and her attorney, Juanita Benetin, also appeal the trial court's award of attorney fees and costs against them following the court's determination that the negligence claims were substantially frivolous, groundless, and vexatious and were asserted in violation of C.R.C.P. 11. We reverse and remand for further...

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