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HARPER EX REL. AL-HAMIM v. DENVER HEALTH AND HOSPITAL AUTHORITY

No. 04CA2398.

140 P.3d 273 (2006)

ESTATE OF Carolyn HARPER, by and through Alim AL-HAMIM, personal representative; Don Yhwyn Harper; Khai Norchea Pearson; and Ngozi Rukiya Harper, a minor, by and through her guardian and next friend Alim Al-Hamim, Plaintiffs-Appellants, v. DENVER HEALTH AND HOSPITAL AUTHORITY, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

May 4, 2006.

Attorney(s) appearing for the Case

Walter L. Gerash Law Firm, P.C., Walter L. Gerash, James F. Scherer, Andrew B. Reid, Denver, Colorado, for Plaintiffs-Appellants.

Jaudon & Avery, LLP, David H. Yun, Denver, Colorado, for Defendant-Appellee.

ROTHENBERG, J.

In this wrongful death action, plaintiffs, Estate of Carolyn Harper, Don Yhwyn Harper, Khai Norchea Pearson, and Ngozi Rukiya Harper, appeal the trial court order granting the motions of defendant, Denver Health and Hospital Authority (Denver Health), for partial dismissal under C.R.C.P. 12(b)(5) and for attorney fees pursuant to § 13-17-201, C.R.S.2005. We affirm and remand for an award to Denver Health of the attorney fees it incurred on appeal...

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