United States Tenth Circuit

District court is instructed to dismiss three tort claims brought by two medical doctors against defendant hospital because they failed to file written demands for monetary damages with the hospital, as required by the Colorado Governmental Immunity Act. With regard to tort claims brought by their medical practice, a question of fact exists as to whether this requirement was met.

Appellate Information

• Decided 12/22/2003
• Published 12/22/2003

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, ANDERSON, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Katherine Taylor Eubank (Daniel M. Fowler, with her on the briefs), Fowler, Schimberg, & Flanagan, P.C., Denver, CO, appearing for Appellant.


• For Appellees:
  
• Brian E. Bates, Antonio Bates Bernard Professional Corporation, (Sander N. Karp and Julie C. Berquist, Leavenworth & Karp, P.C., and Thomas P. McMahon, Powers Phillips, P.C., Denver, CO, with him on the brief), appearing for Appellee.