Mishek v. Stanton

The plaintiff-appellant, Darlene M. Mishek (“plaintiff’), brought an action against the defendant-appellee, Dr. Robert P. Stanton (“defendant”), alleging negligence and battery in providing medical services to the plaintiff during the birth of her daughter. On the basis of the six-year statute of limitations contained in section 13-80-105, C.R.S. 1973, the trial court granted the defendant’s motion for summary judgment. The plaintiff appealed the trial court’s ruling to the court of appeals, and the appeal was transferred to this court pursuant to sections 13-4-102(l)(b) and 13-4-110(l)(a),…