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HARNER v. CHAPMAN

Court of Appeals No. 11CA2401.

2012 COA 218

Carolyn K. Harner, Plaintiff-Appellant, v. James B. Chapman, M.D., Defendant-Appellee.

Court of Appeals of Colorado, Division VI.

Announced December 27, 2012.

Attorney(s) appearing for the Case

Hutchinson Black and Cook, LLC, Baine P. Kerr , Keith M. Edwards , Boulder, Colorado, for Plaintiff-Appellant.

Jaudon & Avery LLP, David H. Yun , Jared R. Ellis , Denver, Colorado, for Defendant-Appellee.

Leventhal, Brown & Puga, P.C., Lorraine E. Parker , David P. Mason , Denver, Colorado, for Amicus Curiae Colorado Trial Lawyers Association

Fennemore Craig, P.C., Troy R. Rackham , Denver, Colorado, for Amicus Curiae Colorado Defense Lawyers Association.

Opinion by JUDGE GABRIEL, Lichtenstein and Kapelke, JJ., concur.

Opinion by JUDGE GABRIEL.

¶ 1 Plaintiff, Carolyn K. Harner, appeals the judgment entered in favor of defendant, Dr. James B. Chapman, and the denial of her motion for post-trial relief.

¶ 2 We first conclude that Harner failed properly to raise on appeal her apparent contention that the evidence was insufficient to establish that Chapman was not negligent. Accordingly, we decline to address that issue.

¶ 3 Next, we conclude that (1)...

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