Garhart Ex Rel. Tinsman v. Columbia/HealthOne, L.L.C.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the plaintiffs’ alleged facts of equal protection violations were sufficient to satisfy Colorado’s standing requirements
• holding that noneconomic damages cap allowing a total recovery of $250,000, Colo Rev Stat 13-64-302, must be applied to a jury’s verdict first before allocating fault attributed to a settlement, so that the plaintiff does not recover more than the cap
• upholding damages cap imposed by the Health Care Availability Act (HCAA)
• “[U]nless the conflict between the constitution and the law is clear and unmistakable, we will not disturb the statute.”
• hospital held vicariously liable for a nurse’s negligent failure to promptly inform an obstetrician of a fetus’s deteriorating condition
• “Article II, section 25 of the Colorado Constitution is our state’s counterpart to the federal guarantee.”

Source: CourtListener parenthetical corpus (CC0).