Bloskas V. Murray

We granted certiorari to review the decision of the Court of Appeals in Bloskas v. Murray, 44 Colo. App. 480, 618 P.2d 719 (1980), which affirmed a judgment for the defendant, Dr. Douglas H. Murray, in an action brought by the plaintiffs, William H. and Floriene V. Bloskas, arising out of ankle replacement surgery performed by the defendant on Mr. Bloskas. The plaintiffs' claims were based on the lack of informed consent to the surgery and on negligent misrepresentation. The trial court refused to instruct on negligent misrepresentation and submitted the case to the jury only on their claim of lack of informed consent. The jury returned a verdict for the defendant and the Court of Appeals, finding no error, affirmed the judgment. We affirm that part of the judgment upholding the jury verdict for the defendant on the claim for lack of informed consent. We reverse that part of the judgment holding that the plaintiffs' claim for negligent misrepresentation should not have been submitted to the jury, and we remand for a new trial on that claim.