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GRAY v. UNIVERSITY OF COLORADO HOSP.

No. 11CA1041.

284 P.3d 191 (2012)

2012 COA 113

Jimmie Louise GRAY, individually and as Personal Representative of the Estate of Charles Gray; Teresa Leeper; David Gray; and Tim Gray, Plaintiffs-Appellants, v. UNIVERSITY OF COLORADO HOSPITAL AUTHORITY, a body corporate and political subdivision of the State of Colorado; University of Colorado Hospital; Mark Spitz, M.D.; Archana Shrestha, M.D.; Christy Barbee-Young, M.D.; Mollie Startzer, R.N.; Beverly Solas-Fajardo, C.N.A.; Jason Booe; Jacqueline Funk; and John Doe and Jane Doe, Defendants-Appellees.

Colorado Court of Appeals, Div. VI.

July 5, 2012.

Attorney(s) appearing for the Case

Leventhal, Brown & Puga, P.C., Natalie Brown , Benjamin Sachs , DezaRae D. LaCrue , David P. Mason , Denver, Colorado, for Plaintiffs-Appellants.

Hall & Evans, LLC, Richard L. Murray, Jr. , Denver, Colorado, for Defendants-Appellees University of Colorado Hospital Authority; University of Colorado; Mollie Startzer, R.N.; Beverly Solas-Fajardo, C.N.A.; Jason Booe; and Jacqueline Funk.

Patrick T. O'Rourke , Denver, Colorado for Defendant-Appellees Mark Spitz, M.D.; Archana Shrestha, M.D.; Christy Barbee-Young, M.D.

Opinion by Judge BERNARD.

¶ 1 This appeal poses two questions that arise from a trial court's decision to dismiss a lawsuit that named a public entity, the University of Colorado Hospital and the University of Colorado Hospital Authority (collectively the hospital), and some of its employees as defendants. First, is a public entity immune from liability for tort claims based on allegations that the entity or the entity's employees acted in a willful and wanton...

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