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ESTATE OF FORD v. EICHER

No. 09SC229.

250 P.3d 262 (2011)

The ESTATE OF Catherine FORD, Petitioner v. Danny J. EICHER, M.D. and Consultants in Obstetrics and Gynecology, P.C., Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied May 9, 2011.

Attorney(s) appearing for the Case

Leventhal, Brown & Puga, P.C., James E. Puga , Daniel A. Lipman , Benjamin Sachs , Denver, Colorado, Attorneys for Petitioner.

Jaudon & Avery LLP, Joseph C. Jaudon , David H. Yun , Jared R. Ellis , Denver, Colorado, Attorneys for Respondents.

Wheeler Trigg O'Donnell LLP, Kevin J. Kuhn , Ramona L. Lampley , Denver, Colorado, Attorneys for Amicus Curiae American College of Obstetricians and Gynecologists.

Office of University Counsel, Patrick T. O'Rourke , Denver, Colorado, Attorneys for Amicus Curiae the Regents of the University of Colorado.

Justice RICE delivered the Opinion of the Court.

We granted certiorari in this case to review the court of appeals' decision that overturned the trial court's exclusion of two medical experts' testimony.1 The court of appeals held that the trial court abused its discretion when it applied an incorrect legal standard— the reasonable medical probability standard—as a preliminary matter in its reliability analysis to determine...

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