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HERNANDEZ v. DOWNING

No. 06SA211.

154 P.3d 1068 (2007)

In re Pascual HERNANDEZ, Gloria Smith, Janet Hernandez, Mike Hernandez, Anthony Hernandez, Ralph Hernandez, Annette Terrones and Chris Cauldwell, Plaintiffs. v. Samuel DOWNING, IV, M.D. and Parkview Medical Center, Defendants.

Supreme Court of Colorado, En Banc.

March 26, 2007.

Attorney(s) appearing for the Case

Irwin & Boesen, P.C., Brad R. Irwin, Chris L. Ingold, Asher M.B. Ritmiller, Denver, Colorado, Attorneys for Plaintiffs.

Kennedy Childs & Fogg, P.C., Barbara H. Glogiewicz, Ronald H. Nemirow, Denver, Colorado, Attorneys for Defendant Parkview Medical Center.

Justice EID delivered the Opinion of the Court.

Today we hold that Colorado's Wrongful Death Statute, section 13-21-203(1), C.R.S. (2006), means what it says when it limits wrongful death claims to "only one civil action" for the death of one decedent. In this case, Plaintiffs have sued two Co-Defendants in Prowers County District Court for the death of Vera Hernandez based on separate torts allegedly committed in different...

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