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Bailey v. Huggins Diagnostic & Rehabilitation Center Inc.6/26/1997
After the verdicts were received on November 16, 1995, the court on November 27, 1995, directed that judgment enter on those verdicts. That order, however, made no provision for prejudgment interest.
The defendants filed a timely motion for the amendment of the judgment or for a new trial. On January 26, 1996 -- well within the 60 days allowed for such action by C.R.C.P. 59(j) -- the trial court generally denied those motions, but directed that the former judgment be amended in certain respects, including the award of prejudgment interest, and that a written judgment, incorporating the required amendments, be prepared. It was not until February 12, 1996, that a written amended judgment was signed and dated by the court.
The notice of appeal was filed on March 28, 1996, less than 45 days from the court's signing of the amended judgment, and it is from that judgment that this appeal is taken.
On its face, it is apparent that the appeal was filed in a timely manner. See C.R.C.P. 58(a); In re Marriage of Hoffner, 778 P.2d 702 (Colo. App. 1989).
II.
Huggins and the Center argue that, given the circumstances disclosed by the record here, Huggins could not be liable for any alleged negligent misrepresentation made to plaintiff because he owed her no duty of due care. We agree.
In considering this issue, we first emphasize that, in asserting her negligent misrepresentation claim against Huggins, plaintiff does not allege that Huggins, the individual, as distinguished from the Center, had any responsibility for the acts, omissions, or representations of Ortegon, who was her treating dentist. Hence, her claim against Huggins does not present the question whether a treating dentist would be liable for dental malpractice if that dentist made specific recommendations for treatment similar to the general recommendations to be found in Huggins' book. Because Huggins made no such recommendations to plaintiff and she has not pressed any malpractice claim against him, we need not consider that issue.
Further, we note that the sources of information relied upon by plaintiff were not given to her by Huggins. They were provided to her by her husband. Yet, although her husband was an employee of the Center, plaintiff does not assert that he made any misrepresentation to her or that he provided the materials to her as the agent of Huggins. Likewise, she does not seek to impose liability upon the Center, based upon her husband's delivery of the materials to her.
Finally, while the videotape of the "60 Minutes" segment was made available to prospective patients of the Center, Huggins did not appear in that videotape, and there is no evidence that he was in any manner responsible for any of the statements made by the persons interviewed. As noted, both the majority viewpoint and the minority viewpoint were presented in that segment.
Plaintiff's claim for negligent misrepresentation, then, must be based solely upon the contents of Huggins' book and of the Nevada television program, both of which were made available for reading or viewing by the general public. And, plaintiff's status with respect to the materials is not significantly different from the status of other members of the public who may have read Huggins' book or viewed the television program. Hence, the question presented by this appeal is the extent to which an author or interviewee on a public television program owes a legal duty of due care to those members of the public who may read the book or view the program.
The tort of negligent misrepresentation is committed if a person "negligently gives false information" to another and that other, a
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