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ANDERSEN v. LINDENBAUM

No. 05SC774.

160 P.3d 237 (2007)

Nadine M. ANDERSEN and Tony Andersen, Petitioners. v. Stephen D. LINDENBAUM, M.D., Respondent.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 11, 2007.

Attorney(s) appearing for the Case

Alexander and Ricci, PC, Joseph M. Ricci, Colorado Springs, Colorado, Anne Whalen Gill, LLC, DiAnn Lindquist, Anne Whalen Gill, Castle Rock, Colorado, Attorneys for Petitioners.

Kennedy Childs & Fogg, PC, John R. Mann, Edward D. Bronfin, Denver, Colorado, Attorneys for Respondent.

Campbell, Latiolais & Ruebel, PC, Jeffrey C. Ruebel, Casey A. Quillen, Denver, Colorado, Attorneys for Amicus Curiae Colorado Defense Lawyers Association.

Snell & Wilmer, LLP, Lee Mickus, Denver, Colorado, Attorneys for Amicus Curiae Colorado Civil Justice League.

Justice COATS delivered the Opinion of the Court.

Nadine and Tony Andersen petitioned for review of the court of appeals' judgment in their medical malpractice action, affirming summary judgment for the defendant, Dr. Lindenbaum. See Andersen v. Lindenbaum, 131 P.3d 1154 (Colo.App. 2005). The district court disregarded Ms. Andersen's contradictory affidavit as a sham and, relying instead on her earlier deposition testimony...

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