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CHANDLER-McPHAIL v. DUFFEY

No. 07CA1670.

194 P.3d 434 (2008)

Kathryn CHANDLER-McPHAIL, Plaintiff-Appellant, v. James DUFFEY, M.D., Defendant-Appellee.

Colorado Court of Appeals, Div. VI.

August 7, 2008.

Attorney(s) appearing for the Case

Cross & Bennett, LLC, Keith Cross, Joseph Bennett, Colorado Springs, Colorado, for Plaintiff-Appellant.

Pryor Johnson Carney Karr Nixon, P.C., Elizabeth Moran, David Jones, Daniel Hubbard, Greenwood Village, Colorado, for Defendant-Appellee.

Opinion by Judge LOEB.

In this medical malpractice action, plaintiff, Kathryn Chandler-McPhail, appeals from the trial court's judgment awarding defendant, Dr. James Duffey, costs incurred in the defense of this action that resulted in a jury verdict in favor of Dr. Duffey. We reverse.

I. Background

Chandler-McPhail was insured by Kaiser Foundation Health Plan of Colorado (Kaiser), pursuant to a plan of health insurance purchased from Kaiser by Chandler...

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