Legal Opinion

Holmes v. Gamble

Supreme Court of Colorado

Decided December 20, 1982No. 80SC361PublishedCited by 31 opinions

1Opinion of the Court

DUBOFSKY, Justice.

We granted certiorari to review the judgment of the Colorado Court of Appeals in Holmes v. Gamble, 624 P.2d 905 (Colo.App.1980), affirming a Denver District Court order directing verdicts for both defendants in a medical malpractice action. We affirm the judgment, but determine that the Court of Appeals applied the wrong standard in upholding the district court’s ruling that the plaintiff failed to establish a prima fa-cie case of res ipsa loquitur.

Holmes was a Vail building contractor who suffered severe injury to his knee when a ditch in which he was working collapsed.…

2Cases cited5 opinions

  1. Montgomery Elevator Co. v. GordonSupreme Court of Colorado · 1980
  2. Gossard v. WatsonSupreme Court of Colorado · 1950
  3. Adams v. LeidholdtColorado Court of Appeals · 1977
  4. Holmes v. GambleColorado Court of Appeals · 1981
  5. Zimmer Ex Rel. Zimmer v. Celebrities, Inc.Colorado Court of Appeals · 1980

3Cited by31 opinions

  1. Ravin v. Gambrell, by and Through EddySupreme Court of Colorado · 1990
  2. Williams v. BoyleColorado Court of Appeals · 2003
  3. Conrad v. ImataniColorado Court of Appeals · 1986
  4. Kendrick v. PippinSupreme Court of Colorado · 2011
  5. Morris v. GeerColorado Court of Appeals · 1986

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