Kratter v. Defendant Catholic Health Initiatives Colorado et al

Filing 208

ORDER. Plaintiffs Motion for Conclusion as a Matter of Law Re: the Defenseof Failure To Mitigate 117 filed 04/01/2010, is DENIED. Plaintiffs Motion for Conclusion as a Matter of Law Regarding the Comparison of Fault With Plaintiff 118 filed 04/01/2010, is DENIED. By Judge Robert E. Blackburn on 07/12/2010.(sah, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 08-cv-02709-REB-BNB GIACOMO KRATTER, Plaintiff, v. CATHOLIC HEALTH INITIATIVES COLORADO, doing business as CENTURA HEALTH-SUMMIT MEDICAL CENTER and ST. ANTHONY SUMMIT MEDICAL CENTER, a Colorado corporation, STEADMAN HAWKINS CLINIC, PROFESSIONAL, LLC, a Colorado limited liability company, MARY I. BRYAN, and THOMAS R. HACKETT, M.C., Defendants. ORDER DENYING MOTIONS FOR CONCLUSIONS AS A MATTER OF LAW Blackburn, J. The matters before me are (1) Plaintiff's Motion for Conclusion as a Matter of Law Re: the Defense of Failure To Mitigate [#117] filed April 1, 2010; and (2) Plaintiff's Motion for Conclusion as a Matter of Law Regarding the Comparison of Fault With Plaintiff [#118] filed April 1, 2010. Because both motions are evidence-driven, and, therefore, inappropriate for pretrial resolution, I deny them. THEREFORE, IT IS ORDERED as follows: 1. That Plaintiff's Motion for Conclusion as a Matter of Law Re: the Defense of Failure To Mitigate [#117] filed April 1, 2010, is DENIED; and 2. That Plaintiff's Motion for Conclusion as a Matter of Law Regarding the Comparison of Fault With Plaintiff [#118] filed April 1, 2010, is DENIED. Dated July 12, 2010, at Denver, Colorado. BY THE COURT:

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