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GARRIGAN v. BOWEN

No. 10SA20.

243 P.3d 231 (2010)

Phillip GARRIGAN, Plaintiff v. Philip J. BOWEN, M.D., Defendant.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing December 20, 2010.

Attorney(s) appearing for the Case

Killian & Davis, P.C., J. Keith Killian , Damon J. Davis , Cheryl A. Martin , Grand Junction, Colorado, Attorneys for Plaintiff.

Pryor Johnson Carney Karr Nixon, P.C., David D. Karr , Elizabeth C. Moran , Greenwood Village, Colorado, Attorneys for Defendant.

Chief Justice MULLARKEY delivered the Opinion of the Court.

I. Introduction

In the underlying medical malpractice action, the plaintiff, Phillip Garrigan, alleged that the defendant, anesthesiologist Dr. Philip J. Bowen, negligently managed his care during his lumbar spine surgery and caused Garrigan to suffer loss of vision as a result of the surgery.

In this original proceeding under C.A.R. 21, we review the trial court's order striking the trial...

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