Opinion
22SC639
04-10-2023
Susan Ann Scholle as personal representative for the Estate of Daniel B. Scholle, Petitioner/Cross-Respondent v. Edward Ehrichs, M.D.; Michael Rauzzino, M.D.; and HCA-Health ONE, LLC. Respondents/Cross-Petitioners
Court of Appeals Case No. 20CA2051
Petition for Writ of Certiorari GRANTED. Cross-Petitions for Writ of Certiorari DENIED.
[REFRAMED] Whether the division erred in its application of both the contract exception to the collateral source rule, § 13-21-111.6, C.R.S. (2022), and the Health Care Availability Act's subrogation framework, § 13-64-402(3), C.R.S. (2022), by ordering the trial court to consider insurance contract liabilities when making findings as to whether good cause and unfairness exist to exceed the statutory damages cap.
DENIED AS TO ALL OTHER ISSUES.