Legal Opinion

Gasteazoro ex rel. Eder v. Colorado

Colorado Court of Appeals

Decided October 9, 2014No. Court of Appeals No. 13CA0648PublishedCited by 5 opinions

1Opinion of the Court

Opinion by

JUDGE WEBB

¶ 1 This medical negligence case raises a novel question in Colorado — may nurses be included in a jury instruction derived from the pattern exercise-of-judgment instruction given concerning physicians? Here, after having been so instructed, a jury retened a verdict against- plaintiff, Mary Catherine Gasteazoro, and-in favor of defendants, Catholic Health Initiatives Colorado, d/b/a Centu-ra Health-Penrose-St Francis Health Services (the hospital), and Leticia Overholt, M.D. (Dr. Overholt). We conclude that the trial court acted within its discretion by instructing the…

2Cases cited32 opinions

  1. Jiménez v. Rodríguez-PagánCourt of Appeals for the First Circuit · 2010
  2. Day v. JohnsonSupreme Court of Colorado · 2011
  3. Harris Group, Inc. v. RobinsonColorado Court of Appeals · 2009
  4. FEDERAL INSURANCE COMPANY v. Public Service Co.Supreme Court of Colorado · 1977
  5. Ninth District Production Credit Ass'n v. Ed Duggan, Inc.Supreme Court of Colorado · 1991

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3Cited by5 opinions

  1. in Interest of M.H-KColorado Court of Appeals · 2018
  2. Dorsey & Whitney LLP v. RegScan, IncColorado Court of Appeals · 2018
  3. Kelly v. Board of County Commissioners of Summit CountyColorado Court of Appeals · 2018
  4. Johnson v. StaabColorado Court of Appeals · 2025
  5. Smith v. DavisDistrict Court, D. Colorado · 2021

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