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Baker v. Wood, Ris & Hames, Professional Corp.

Supreme Court of Colorado

February 3, 2014

Merridy Kay Baker and Sue Carol Kunda, Petitioners
v.
Wood, Ris & Hames, Professional Corporation, a Colorado professional corporation; Donald L. Cook; and Barbara L. Brundin, Respondents

Court of Appeals Case Nos. 12CA907 & 12CA1702

Summary of the Issues:

Whether the court of appeals erred in determining that third-party intended beneficiaries of a deceased testator's estate plan lack standing to pursue a claim for professional malpractice against the testator's estate planning attorneys based on either breach of contract or professional negligence.

Whether the court of appeals erred in confusing petitioners' claim for fraudulent concealment with the distinct tort of fraudulent misrepresentation in applying the heightened pleading requirements of C.R.C.P. 9(b) to petitioners' concealment claim as if it were a claim for fraudulent representation.

Petition for Writ of Certiorari GRANTED.


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