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AWAD v. BREEZE

No. 03CA2374.

129 P.3d 1039 (2005)

Issam A. AWAD, M.D., MSc, F.A.C.S., Plaintiff-Appellee, v. Robert BREEZE, M.D., Glenn Kindt, M.D., Kevin Lillehei, M.D., and Kenneth Winston, M.D., Defendants-Appellants.

Colorado Court of Appeals, Division A.

As Modified on Denial of Rehearing June 9 and June 30, 2005.

Certiorari Denied February 27, 2006.

Attorney(s) appearing for the Case

Wheeler Trigg & Kennedy, P.C., Paul F. Hultin, Denver, Colorado; Purvis, Gray & Murphy, LLP, William R. Gray, Michael J. Thomson, Boulder, Colorado, for Plaintiff-Appellee.

Starrs Mihm & Caschette, LLP, Richard B. Caschette, Elizabeth A. Starrs, Denver, Colorado, for Defendants-Appellants.

DAVIDSON, Chief Judge.

In this interlocutory appeal filed pursuant to the Governmental Immunity Act (GIA), § 24-10-118(2.5), C.R.S.2004, defendants, Robert Breeze, Glenn Kindt, Kevin Lillehei, and Kenneth Winston, seek review of the trial court order denying their motion to dismiss the complaint filed by plaintiff, Issam A. Awad. We dismiss part of the appeal, reverse in part, vacate in part, and remand.

Plaintiff is the former chairman of the Department...

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