Trujillo v. Puro

OPINION

DONNELLY, Chief Judge.

Following rehearing this Court’s prior opinion is withdrawn and the following opinion is substituted therefor.

Defendant Gary Puro, M.D. brings this interlocutory appeal from an order of the district court denying his motions for failure to state a claim and partial summary judgment on the second amended complaint of the plaintiff Joe R. Trujillo. On appeal defendant raises three issues: (1) the trial court lacks subject matter jurisdiction; (2) error in refusal to consider an affidavit of a physician; and (3) failure to state a cause of action as to Count V of the…