(DOWNLOAD) "Bowman V. Songer" by Colorado Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: Bowman V. Songer
- Author : Colorado Supreme Court
- Release Date : January 25, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
We granted certiorari to review Songer v. Bowman, 804 P.2d 261 (Colo. App. 1990). The issues before us are: 1) whether there is a time limitation under C.R.C.P. 59 for filing a motion to reconsider the trial court's order granting a new trial and 2) whether the court of appeals erred by creating a claim for a doctor's failure to warn of the risks involved in using a certain medicine. For the reasons stated below, we affirm the court of appeals' decision. First, C.R.C.P. 59 does not apply to a motion to reconsider an order granting new trial because such an order is not a final order. Second, no new claim for relief was created by the court of appeals. It simply upheld the admission of evidence of a physician's failure to warn a patient of substantial risks of a medicine because it was relevant to the standard of care under a negligence claim.