STEEDLE v. SEREFF

No. 05SC811.

167 P.3d 135 (2007)

David W. STEEDLE, M.D.; Neil Waldman, M.D.; City and County of Denver; and Denver General Hospital, n/k/a Denver Health Medical Center, Petitioners v. Bradley Scott SEREFF, individually and as personal representative of the Estate of Jennifer Sereff; Elliott Sereff, through his guardian, father, and next friend, Bradley Scott Sereff; and Skylar Sereff, through her guardian, father, and next friend, Bradley Scott Sereff, Respondents.

Supreme Court of Colorado, En Banc.

September 10, 2007.


Attorney(s) appearing for the Case

Johnson, McConaty & Sargent, P.C., Craig A. Sargent, Glendale, Colorado, Attorneys for Petitioner David W. Steedle, M.D.

Arlene V. Dykstra, Acting Denver City Attorney, John Eckhardt, Assistant City Attorney, Denver, Colorado, Attorneys for Petitioner Neil Waldman, M.D.

Jaudon & Avery, LLP, Joseph C. Jaudon, David H. Yun, Denver, Colorado, Attorneys for Petitioners City and County of Denver and Denver General Hospital, n/k/a Denver Health Medical Center.

Leventhal, Brown & Puga, P.C., Jim Leventhal, Benjamin Sachs, Denver, Colorado, Attorneys for Respondents.

University of Colorado, Office of University Counsel Patrick T. O'Rourke, Managing Associate University Counsel Denver, Colorado, Attorneys for Amicus Curiae University of Colorado.

Senter Goldfarb & Rice, L.L.C. Thomas S. Rice, Elliot J. Scott, Denver, Colorado, Attorneys for Amici Curiae Colorado Intergovernmental Risk Sharing Agency, Colorado School Districts Self Insurance Pool, Colorado Counties Casualty and Property Pool, and the Colorado Municipal League.

John W. Suthers, Attorney General, Friedrick C. Haines, First Assistant Attorney General, Kathleen Spalding, Assistant Attorney General, Civil Litigation and Employment Section, Attorneys for Amicus Curiae State of Colorado.

Pryor Johnson Carney Karr Nixon, P.C. Elizabeth C. Moran, Greenwood Village, Colorado, Attorneys for Amicus Curiae COPIC Insurance Company.


Justice BENDER delivered the Opinion of the Court.

I. Introduction

In this appeal, we review the court of appeals' opinion in Sereff v. Steedle, 148 P.3d 192 (Colo.App.2005). The court of appeals below reversed the trial court's order granting summary judgment for the defendant hospital and doctors in this wrongful death case. Id. at 198. The court of appeals held that the deceased patient's husband and two...

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