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LAVARATO v. BRANNEY

No. 08CA1020.

210 P.3d 485 (2009)

Nicholas LAVARATO, Plaintiff-Appellant, v. Scott BRANNEY, M.D., Defendant-Appellee.

Colorado Court of Appeals, Div. VII.

April 2, 2009.

Attorney(s) appearing for the Case

Paulsen & Armitage, LLC, Randall J. Paulsen, Scott Armitage, Dennis B. Wanebo, Denver, Colorado, for Plaintiff-Appellant.

Kennedy Childs & Fogg, P.C., John R. Mann, Denver, Colorado, for Defendant-Appellee.

ORDER AFFIRMED

Opinion by Judge J. JONES.

Plaintiff, Nicholas Lavarato, appeals the district court's order granting defendant Dr. Scott Branney's motion to dismiss. We affirm because we conclude, as did the district court, that Mr. Lavarato's claim against Dr. Branney is barred by the applicable statute of limitations as a matter of law.

I. Background

On September 27, 2007, Mr. Lavarato filed a complaint naming Dr. Vicki Mann as the sole...

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