Francis V. Cristiano

Kauntz V. HCA Healthone, LLC, Colorado Court of Appeals,
Case No.: 2005 CA 2341.

Pending case, where underlying malpractice case was settled with physician shortly before trial, but Plaintiffs continued to pursue a separate claim against hospital for negligently credentialing physician to perform epidural procedures at its facility, knowing that physician's entire formal training for epidural procedures amounted to an unmonitored 1 1/2 day week-end course, which the course sponsor admitted should have only been a starting point for formal training. Seminal issue presented on appeal is whether Colorado's Peer Review Act, intended to abrogate the common law of negligent credentialing and immunize hospitals from such claims

Quiroz v. Goff, 46 P.3d 486 (Colo. App. 2002).

Malpractice case which defines when the statute of limitation begins to run where the tort victim knows that he has suffered injury as a result of complications from a medical care provider, but doesn't realize until later that the physician's treatment may have been negligent.

Spoor v. Serota, 852 P.2d 292 (Colo. App. 1992).

Frequently cited case in State of Colorado, which defines doctrine of res ipsa loquitur medical malpractice cases.

Spahr V. Secco, 330 F.3d 1266 (10th Cir. 2003).

Defines in the Tenth Circuit when question of arbitrability is decided by the Court versus the arbitration panel and the applicability of First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938 (1995) and Prima Paint Corp. v. Flood & Conklin Mfg, 388 U.S. 395 (1967) to that issue.

State Farm v. Tye, 931 P.2d 540 (Colo. App. 1996).

Frequently cited case in State of Colorado. Established right of underinsured motorist claimant to settle with liability carrier for less than policy limits of liability policy, but still pursue claim under underinsured motorist policy for difference between underinsured motorist coverage limits and amount paid on liability policy, without deduction for difference between amount recovered on liability policy and the liability policy limits.

Bittle v. Brunetti, 750 P.2d 49 (Colo. 1988).

Involved challenge of age old precedent in the State of Colorado, to lack of recognized civil duty of landowners to comply with local ordinances to promptly remove snow and ice from adjoining public sidewalks.