Marcellot v. Exempla, Inc.

Opinion by

Judge CASEBOLT.

I 1 In this personal injury action, plaintiff, Melanna Marcellot, appeals the judgment of dismissal in favor of defendant, Exempla Inc., doing business as Exempla West Pines, a mental health hospital. She contends that the trial court erred in granting Exempla's C.R.C.P. 12(b)(5) dismissal motion because section 183-21-~117, C.R.S.2012, which provides immunity to mental health care providers, does not apply to this action. We disagree and therefore affirm.

I. Background

T2 The following facts are set forth in Marcellot's complaint, which we accept as true and view in…