Legal Opinion

Harner v. Chapman

Colorado Court of Appeals

Decided December 27, 2012No. 11CA2401PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

Judge GABRIEL.

T1 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.

12 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.

13 Next, we conclude that (1) the trial court erred in refusing to instruct the jury, pursuant to still binding Colorado Supreme Court precedent, that the res ipsa loquitur doctrine shifts to the…

2Cases cited21 opinions

  1. Day v. JohnsonSupreme Court of Colorado · 2011
  2. Castillo v. Koppes-ConwayColorado Court of Appeals · 2006
  3. Montgomery Elevator Co. v. GordonSupreme Court of Colorado · 1980
  4. People v. RamirezSupreme Court of Colorado · 2007
  5. Williams v. BoyleColorado Court of Appeals · 2003

16 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Chapman, MD v. HarnerSupreme Court of Colorado · 2014
  2. Gasteazoro ex rel. Eder v. ColoradoColorado Court of Appeals · 2014
  3. Love v. KloskyColorado Court of Appeals · 2016
  4. Bjornsen v. Board of County CommissionersColorado Court of Appeals · 2019

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