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STATE v. NIETO

No. 97SC876.

993 P.2d 493 (2000)

The STATE of Colorado, Department of Corrections; Marian Norman; and Mike Farrell, Petitioners, v. Arthur Moses NIETO, Respondent.

Supreme Court of Colorado, En Banc.

February 14, 2000.

Attorney(s) appearing for the Case

Ken Salazar, Attorney General, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, Garth C. Lucero, Deputy Attorney General, Timothy R. Arnold, Deputy Attorney General, Jane R. Christman, First Assistant Attorney General, Thomas C. Sullivan, Assistant Attorney General, Civil Litigation Section, Tort Litigation Unit, Denver, Colorado, Attorneys for Petitioners.

Ozer & Ozer, P.C., Robert C. Ozer, Jill C. Harris, Colorado Springs, Colorado, Attorneys for Respondent.

Hall & Evans LLC, Eugene R. Commander, Malcolm S. Mead, Denver, Colorado, Attorneys for Amici Curiae American Consulting Engineers Council of Colorado and Colorado Chapter of the American Institute of Architects.

Robert N. Spencer, Englewood, Colorado, Attorney for Amicus Curiae, Colorado Medical Society.

Treece, Alfrey, Musat & Bosworth, P.C., Michael L. Hutchinson, Denver, Colorado, Attorneys for Amicus Curiae Colorado Defense Lawyers Association.

Justice SCOTT delivered the Opinion of the Court.

Section 13-20-602, 5 C.R.S. (1999), requires a plaintiff to file a certificate of review prior to initiating a civil action for "damages... based upon the alleged professional negligence of ... a licensed professional." The certificate of review certifies that a plaintiff has consulted "a person who has expertise in the area of the alleged negligent conduct" and that the claims made in the complaint "do not lack substantial...

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