Galindo v. Valley View Ass'n

Citations

• 2017 COA 78
• 399 P.3d 796
• 2017 WL 2380535
• 2017 Colo. App. LEXIS 695

Syllabus

CRCP 54(b)—Certification—Final Order. Plaintiffs Erika and Jose Galindo are the parents of Ariana Galindo, who died in utero. They brought various claims against Valley View Association, doing business as Valley View Hospital, seeking damages on behalf of themselves and Ariana's estate. Ruling that Ariana was not a \person\ within the meaning of the statutes, the district court dismissed the wrongful death claim and the negligence claim brought on behalf of Ariana's estate. It sua sponte certified its order as final under CRCP 54(b), stating there was \no just reason for delay.\ On appeal, plaintiffs contended that the trial court erred in dismissing their claims. The Court of Appeals found that the district court's conclusory ruling that there was no just reason for delay was unsupported by the record or law. Therefore, the court's certification of its order as final under CRCP 54(b) was inappropriate. The appeal was dismissed.