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HEALTHONE v. RODRIGUEZ EX REL. RODRIGUEZ

No. 00SC772.

50 P.3d 879 (2002)

HEALTHONE d/b/a Aurora Presbyterian Hospital; Copic Insurance Company; and Gary Arthur Ogin, M.D., Petitioners, v. Robert RODRIGUEZ, by and through his next friend and legal guardian, Lori RODRIGUEZ, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied August 5, 2002.

Attorney(s) appearing for the Case

Davis Graham & Stubbs, LLP, Andrew M. Low, Kenzo S. Kawanabe, Sonaly A. Kirkley, Denver, Colorado, Attorneys for Petitioner COPIC Insurance Company.

Kennedy & Christopher, P.C., John R. Mann, Barbara H. Glogiewicz, Denver, Colorado, Attorneys for Petitioner HealthONE, d/b/a Aurora Presbyterian Hospital.

Jaudon & Avery, LLP, Alan D. Avery, David H. Yun, Denver, Colorado, Attorneys for Petitioner Gary Arthur Ogin, M.D.

Jean E. Dubofsky, P.C., Jean E. Dubofsky, Boulder, Colorado, M. Susan Kudla, PC, M. Susan Kudla, Denver, Colorado, Pearson, Milligan & Horowitz, P.C., Robert M. Horowitz, Denver, Colorado, Attorneys for Respondent.

Montgomery Little & McGrew, P.C., Patrick T. O'Rourke, Greenwood Village, Colorado, Attorney for Amicus Curiae Physicians Insurers Association of America.

Justice MARTINEZ delivered the Opinion of the Court.

This case arises out of injuries sustained by Robert Rodriguez while he was receiving treatment at HealthONE d/b/a Aurora Presbyterian Hospital ("HealthONE"). As a result of these injuries, which left Rodriguez severely incapacitated, Rodriguez filed an action against HealthONE, Dr. Malcolm Barton, the treating physician, and Dr. Gary Ogin, a non-treating physician, seeking damages on several theories, including...

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