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HARDESTY v. PINO

No. 07CA1105.

222 P.3d 336 (2009)

Floyd HARDESTY, Plaintiff-Appellant, v. Edward C. PINO, M.D., Defendant-Appellee.

Colorado Court of Appeals, Div. II.

February 5, 2009.

Attorney(s) appearing for the Case

Leventhal, Brown & Puga, P.C., Benjamin Sachs, Daniel A. Lipman, Denver, CO, for Plaintiff-Appellant.

Pryor, Johnson, Carney, Karr & Nixon, P.C., Craig A. Sargent, Greenwood Village, CO; Jaudon & Avery, LLP, David H. Yun, Denver, CO, for Defendant-Appellee.

Opinion by Judge CONNELLY.

Plaintiff, Floyd Hardesty, appeals from a judgment entered upon a jury verdict in favor of defendant, Edward C. Pino, M.D. We hold the trial court properly (1) applied rulings in a prior appeal to limit plaintiff's negligence claims; and (2) proceeded with an alternate juror when a regular juror failed to return in the middle of trial. Accordingly, we affirm the judgment in favor of defendant.

I. Background

A. Plaintiff...

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