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LOVELL v. MILLER

Civil Action No. 10-CV-00992-DME-CBS.

JAMES ALLEN LOVELL and MONICA K. LOVELL, Plaintiffs, v. DAVID W. MILLER, M.D., Defendant.

United States District Court, D. Colorado.

March 7, 2012.

Attorney(s) appearing for the Case

James Allen Lovell, Plaintiff, represented by Gerald P. McDermott , McDermott & McDermott, LLP.

Monica K. Lovell, Plaintiff, represented by Gerald P. McDermott , McDermott & McDermott, LLP.

David W. Miller, M.D., Defendant, represented by Kim Brian Childs , Kennedy Childs P.C.-Delta.

Pinnacol Assurance, Interested Party, represented by Denise Diane Canada , Ruegsegger, Simons, Smith & Stern, LLC-Denver.

ORDER

DAVID M. EBEL, District Judge.

Before the Court are cross motions for partial summary judgment pursuant to Fed. R. Civ. P. 56. Plaintiffs, James Allen Lovell and his wife, Monica K. Lovell, both New Mexico citizens, sued Defendant, Dr. James W. Miller, M.D., a Colorado citizen, seeking damages for alleged medical malpractice relating to an operation Dr. Miller performed on Mr. Lovell. The Lovells have moved for summary judgment as to Dr. Miller's asserted...

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