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VISSER EX REL. EDER v. MAHAN

No. 04CA1361.

111 P.3d 575 (2005)

Elaine B. VISSER, by and through her court-appointed conservator, Janice EDER, Plaintiff-Appellee, v. Bryan MAHAN, D.O., and James D. Albert, M.D., Defendants-Appellants.

Colorado Court of Appeals, Division V.

March 24, 2005.

Attorney(s) appearing for the Case

Peter A. Goldstein, P.C., Peter A. Goldstein, Leventhal Brown and Puga, P.C., Jim Leventhal, Timms R. Fowler, James E. Puga, Denver, Colorado, for Plaintiff-Appellee.

Kennedy Christopher Childs and Fogg, P.C., John R. Mann, Terry Cipoletti, Denver, Colorado, for Defendant-Appellant Bryan Mahan, D.O.

Pryor Johnson Montoya Carney & Karr, P.C., David D. Karr, Elizabeth C. Moran, Denver, Colorado, for Defendant-Appellant James D. Albert, M.D.

Opinion by: Chief Judge DAVIDSON.

In this medical malpractice action, defendants, Bryan Mahan, D.O., and James D. Albert, M.D., appeal from the trial court's order denying their motions seeking, on governmental immunity grounds, dismissal of the complaint brought by plaintiff, Elaine B. Visser, by and through her court-appointed conservator, Janice Eder. We affirm.

On April 17, 2002, plaintiff underwent cardiothoracic surgery at Memorial Hospital in Colorado...

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