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RODRIGUEZ EX REL. RODRIGUEZ v. HEALTHONE

No. 98CA2173.

24 P.3d 9 (2000)

Robert RODRIGUEZ By and Through his next friend and legal guardian, Lori RODRIGUEZ, Plaintiff-Appellant, v. HEALTHONE, d/b/a Aurora Presbyterian Hospital; Gary Arthur Ogin, M.D.; and COPIC Insurance Company, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

As Modified on Denial of Rehearing August 24, 2000.

Certiorari Granted June 4, 2001.

Attorney(s) appearing for the Case

Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Colorado, Schoenwald, Sanger & Kudla, LLC, M. Susan Kudla, Denver, Colorado, Pearson, Milligan & Horowitz, P.C., Robert M. Horowitz, Denver, Colorado for Plaintiff-Appellant.

Kennedy & Christopher, P.C., Barbara H. Glogiewicz, John R. Mann, Denver, Colorado, for Defendant-Appellee Healthone d/b/a Aurora Presbyterian Hospital.

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

Davis, Graham & Stubbs, LLP, Andrew M. Low, Kenzo S. Kawanabe, Denver, Colorado, for Defendant-Appellee COPIC Insurance Company.

Opinion by Judge TAUBMAN.

In this medical malpractice action, plaintiff, Robert Rodriguez, appeals the trial court's summary judgment in favor of defendant, Gary Arthur Ogin, an anesthesiologist. Rodriguez also appeals the trial court's denial of his request for a lump sum payment from defendant Healthone, d/b/a Aurora Presbyterian Hospital, (the hospital) through defendant, COPIC Insurance Company. We affirm in part, reverse in part, and remand for further proceedings...

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