J.P. v. District Court in & for the 2nd Judicial District of Denver

The petitioner brought this original proceeding pursuant to C.A.R. 21 seeking relief in the nature of mandamus and prohibition.1 J.P. contends that the respondent district court abused its discretion when it refused to allow her to depose and endorse witnesses necessary to prove the petitioner’s case based in part on the fact that the trial had been twice continued. We issued a rule to show cause and now make the rule absolute.

I

In 1985, the petitioner, J.P., then a seventy-two-year-old woman, went to Saint Joseph’s Hospital (St. Joseph’s) for hip replacement surgery. The surgery was performed…