Garhart Ex Rel. Tinsman v. Columbia/HealthOne, L.L.C.

We accepted this appeal in a medical malpractice case pursuant to section 13-4-102(l)(b), 5 C.R.S. (2003), which allows us to proceed directly when a trial court has declared a statute to be unconstitutional. 1 Re lying on the court of appeals opinion in Rodriguez v. HealthONE, 24 P.3d 9 (Colo.App.2000), the trial court in this case declared the periodic payment provision of section 13-64-205(l)(f), 5 C.R.S. (2001), which is applicable to people under the age of twenty-one and incapacitated adults, to be unconstitutional. 2 In HealthONE v. Rodriguez, 50 P.3d 879 (Colo.2002), we subsequently…