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ALCON v. SPICER

No. 04SA347.

113 P.3d 735 (2005)

In re Gloria Gina ALCON, Plaintiff, v. Ronald Ray SPICER, Defendant.

Supreme Court of Colorado, En Banc.

As Modified June 27, 2005.

Attorney(s) appearing for the Case

Gradisor, Trechter, Ripperger, Roth & Croshal, James M. Croshal, Pueblo, for Petitioner.

Paul S. Edwards & Associates, Robert D. Jones, Colorado Springs, Ireland Stapleton Pryor & Pascoe, P.C., Richard L. Shearer, J. Alan Call, Denver, for Respondent.

Montgomery Little & McGrew, P.C., Patrick T. O'Rourke, Kari MacKercher Hershey, Greenwood Village, for amicus curiae Copic Insurance Company.

Johnson & Ayd, P.C., James D. Johnson, Denver, for amicus curiae Colorado Defense Lawyers Association.

Mickey W. Smith, Pueblo, for amicus curiae Colorado trial Lawyers Association.

Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

In this original proceeding, we consider the scope of the implied waiver of the physician-patient privilege created when the patient files a personal injury lawsuit. We also consider whether a plaintiff who has claimed a loss of earnings as damages in a personal injury lawsuit is required to disclose his or her tax returns. The Pueblo County District Court ordered the petitioner...

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