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GARHART EX REL. TINSMAN v. COLUMBIA/HEALTHONE, L.L.C.

No. 02SA182.

95 P.3d 571 (2004)

Kody GARHART, a minor, by and through his parents and next friends, Jennifer TINSMAN and Kip Garhart; and Jennifer Tinsman, individually, Plaintiffs-Appellants/Cross-Appellees v. COLUMBIA/HEALTHONE, L.L.C., d/b/a North Suburban Medical Center, Defendant-Appellee/Cross-Appellant.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing August 16, 2004.

Attorney(s) appearing for the Case

Bogue, Koury & Marylander LLC, Grant Marylander, Denver, Colorado, Irwin & Boesen, P.C., Kirk D. Tresemer, Brad R. Irwin, Attorneys for Plaintiffs-Appellants/Cross-Appellees.

Davis Graham & Stubbs, Andrew Low, Vinineath Nuon Gopal, Denver, Colorado, Dickinson, Prud'Homme, Adams & Ingram, LLP, Gilbert Dickinson, Attorneys for Defendant-Appellee/Cross-Appellant.

Kennedy & Christopher, P.C., John R. Mann, Denver, Colorado, Attorney for Amicus Curiae, COPIC Insurance Company.

McDermott, Hansen & McLaughlin, LLP, William J. Hansen, Denver, Colorado, Attorney for Amicus Curiae, Colorado Trial Lawyers Association.

Montgomery Little & McGrew, P.C., Patrick T. O'Rourke, Greenwood Village, Colorado, Attorney for Amicus Curiae, Colorado Medical Society.

Justice HOBBS delivered the opinion of the court.

We accepted this appeal in a medical malpractice case pursuant to section 13-4-102(1)(b), 5 C.R.S. (2003), which allows us to proceed directly when a trial court has declared a statute to be unconstitutional.1 Relying on the court of appeals opinion in Rodriguez v. HealthONE, 24 P.3d 9 (Colo.App.2000), the...

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