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Joe Bennett files Amicus Brief on behalf of CTLA

Colorado Springs, CO -- Joe Bennett of Cross & Bennett recently filed an amicus brief on behalf of the Colorado Trial Lawyers Association (CTLA) in the Colorado Supreme Court in the case of Day v. Johnson. The issue in the case involves the "unsuccessful outcome/exercise of judgment" jury instruction that is routinely given in medical malpractice cases in Colorado. On behalf of CTLA, Mr. Bennett argued that the jury instruction unfairly suggests to the jury that a physician's mistake that can be characterized as an "exercise of judgment" cannot constitute malpractice. It is CTLA's position that such an instruction incorrectly states the law because a physician's mistake of judgment that arises from a failure to meet appropriate standards of care is malpractice, and because the instruction unfairly emphasizes defense theories of non-liability.

Oral arguments were held on March 3, 2011 and a decision is expected within a few months.

Mr. Bennett has been a member of the CTLA Amicus Committee for several years. CTLA advocates on behalf of the interests of persons injured by the carelessness of others, including negligent physicians, in cases before the Colorado appellate courts, and the Amicus Committee is responsible for determining whether CTLA should participate in particular cases. This is the second amicus brief filed by Mr. Bennett on behalf of CTLA.

Keith CrossJoe Bennett
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