WALLBANK v. ROTHENBERG

No. 04CA1731.

140 P.3d 177 (2006)

Nicholas WALLBANK and Mindilee Wallbank, individually and as parents of Emily Wallbank, a minor, Plaintiffs-Appellants, v. Steven S. ROTHENBERG, M.D., Defendant-Appellee.

Colorado Court of Appeals, Div. III.

Certiorari Denied August 14, 2006.


Attorney(s) appearing for the Case

Leventhal, Brown & Puga, P.C., Natalie Brown, Timms R. Fowler, Denver, Colorado, for Plaintiffs-Appellants.

Pryor, Johnson, Montoya, Carney & Karr, P.C., Elizabeth C. Moran, Greenwood Village, Colorado, for Defendant-Appellee.


TAUBMAN, J.

In this medical malpractice case, plaintiffs, Nicholas and Mindilee Wallbank, individually and as parents of Emily Wallbank, appeal the trial court's order in favor of defendant, Steven S. Rothenberg, M.D., denying their motion for good cause to exceed the statutory cap on medical malpractice damages for future lost earnings. We affirm.

On March 20, 1998, Rothenberg performed surgery on Emily, then six...

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