(DOWNLOAD) "Bonser v. Shainholtz" by Colorado Court of Appeals * Book PDF Kindle ePub Free

eBook details

Title: Bonser v. Shainholtz
Author : Colorado Court of Appeals
Release Date : January 01, 1999
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

Description

We accepted this appeal in a medical malpractice case pursuant to section 13-4-102(1)(b), 5 C.R.S. (2003), which allows us to proceed directly when a trial court has declared a statute to be unconstitutional. Relying on the court of appeals opinion in Rodriguez v. HealthONE, 24 P.3d 9 (Colo. App. 2000), the trial court in this case declared the periodic payment provision of section 13-64-205(1)(f), 5 C.R.S. (2001), which is applicable to people under the age of twenty-one and incapacitated adults, to be unconstitutional. In HealthONE v. Rodriguez, 50 P.3d 879 (Colo. 2002), we subsequently reversed the court of appeals and upheld the statutes periodic payment provision. We adhere to our decision in Rodriquez.