MULLINS v. KESSLER

No. 02CA2564.

83 P.3d 1203 (2003)

Lora M. MULLINS, in her individual capacity and as surviving spouse of John Mullins, deceased, Plaintiff-Appellant, v. Randolph M. KESSLER, M.D., Defendant-Appellee.

Colorado Court of Appeals, Div. V.

December 18, 2003.


Attorney(s) appearing for the Case

Law Offices of Robert M. Fitzgerald, Robert M. Fitzgerald, Northglenn, Colorado; Benjamin Silva, III & Associates, P.C., Benjamin Silva, III, Lakewood, Colorado, for Plaintiff-Appellant.

Pryor Johnson Montoya Carney & Karr, P.C., Bruce A. Montoya, Scott S. Nixon, Elizabeth C. Moran, Greenwood Village, Colorado, for Defendant-Appellee.


Opinion by Judge CASEBOLT.

In this medical negligence action, plaintiff, Lora M. Mullins, appeals the trial court's order awarding costs in favor of defendant, Randolph M. Kessler, M.D. We affirm.

Plaintiff alleged that defendant's negligent care of her husband during surgery caused his death. A jury found in defendant's favor.

Defendant filed a bill of costs under § 13-16-105, C.R.S.2003, seeking recovery of $33,355.06 paid by his liability insurer...

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