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PRESTON v. DUPONT

No. 00SC492.

35 P.3d 433 (2001)

James M. PRESTON, D.D.S., Petitioner, v. Renee DUPONT, Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 3, 2001.

Attorney(s) appearing for the Case

Davis Graham & Stubbs, LLP, Dale Harris, Andrew M. Low, Joel N. Varnell & Associates, J. Gregory Morrell, Denver, CO, Attorneys for Petitioner.

Leventhal & Brown, PC, Anthony J. Viorst, Denver, CO, Attorneys for Respondent.

Kennedy & Christopher, P.C., John R. Mann, Denver, CO, Amicus Curiae for Colorado Health and Hospital Association, Amicus Curiae for Physician Insurers Association of America.

McDermott and Hansen, William J. Hansen, Denver, CO, Amicus Curiae for Colorado Trial Lawyers Association.

Montgomery Little & McGrew, P.C., Robert N. Spencer, Patrick T. O'Rourke, Englewood, CO, Amicus Curiae for Colorado Medical Society.

Justice MARTINEZ delivered the Opinion of the Court.

In this case, we determine whether, in medical malpractice actions, which are governed by the Colorado Health Care Availability Act ("HCAA"), noneconomic losses or injuries caused by physical impairment or disfigurement are subject to the HCAA's $250,000 limitation on noneconomic damages. Resolution of this issue necessitates that we determine the relationship between section 13-21-102.5, 5 C.R.S. (2001), which...

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