Kaiser Foundation Health Plan of Colorado v. Sharp

ERICKSON, Justice.

We granted certiorari to review the court of appeals opinion in Sharp v. Kaiser Foundation Health Plan, 710 P.2d 1153 (Colo.App.1985), which reversed an order of summary judgment entered in favor of the defendants on the plaintiffs’ medical malpractice claim. The trial court granted summary judgment because it concluded that the plaintiffs could not prove beyond mere speculation that the defendants’ negligence caused the plaintiffs’ injuries. The court of appeals, in reviewing the order of summary judgment, ruled that a triable issue of fact was created by the affidavit of…