MONTOYA v. TRINIDAD STATE NURSING HOME

No. 04CA0824.

109 P.3d 1051 (2005)

Patsy MONTOYA, Plaintiff-Appellee, v. TRINIDAD STATE NURSING HOME, Defendant-Appellant.

Colorado Court of Appeals, Division II.

February 10, 2005.


Attorney(s) appearing for the Case

Phil C. Pearson, M.D., J.D., Rick A. Carmickle, Denver, Colorado, for Plaintiff-Appellee.

John W. Suthers, Attorney General, Patrick L. Sayas, Assistant Attorney General, Denver, Colorado, for Defendant-Appellant.


TAUBMAN, J.

Defendant, Trinidad State Nursing Home, appeals the trial court's order denying its motion seeking dismissal, on governmental immunity grounds, of the complaint brought by plaintiff, Patsy Montoya. We reverse and remand with directions.

Montoya brought this action as the result of the death of her husband, who was a patient at Trinidad's nursing home. Montoya alleged that her husband was given an overdose of narcotics and died as a result of that...

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