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KAUNTZ v. HCA-HEALTHONE, LLC

No. 05CA2341.

174 P.3d 813 (2007)

Carol KAUNTZ and Dennis Kauntz, Plaintiffs-Appellants, v. HCA-HEALTHONE, LLC, d/b/a North Suburban Medical Center, a Colorado limited liability company, Defendant-Appellee.

Colorado Court of Appeals, Div. IV.

As Modified on Denial of Rehearing August 16, 2007.

Attorney(s) appearing for the Case

Cristiano Law, LLC, Francis V. Cristiano, Greenwood Village, Colorado, for Plaintiffs-Appellants.

Dickinson, Prud'Homme, Adams & Ingram, LLP, Gilbert A. Dickinson, Molly P. Tighe, Porya Mansorian, Denver, Colorado, for Defendant-Appellee.

Leventhal Brown & Puga, P.C., Jim Leventhal, Benjamin Sachs, Denver, Colorado, for Amicus Curiae Antonio L. Snipes.

Kutak Rock, LLP, Melvin B. Sabey, Denver, Colorado, for Amicus Curiae Colorado Health and Hospital Association.

Kennedy Childs & Fogg, P.C., John R. Mann, Denver Colorado, for Amicus Curiae Colorado Health and Hospital Association.

Opinion by Judge CASEBOLT.

In this action against a hospital asserting negligence in permitting an untrained physician to practice there, the issue is whether § 12-36.5-203, C.R.S.2006, precludes the claim for damages asserted by plaintiffs, Carol Kauntz and Dennis Kauntz, against defendant, HCA-HEALTHONE, LLC, doing business as North Suburban Medical Center (NSMC). Concluding that it does, we affirm the trial court's judgment.

This action was initially...

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