Condemarin v. University Hospital

DURHAM, Justice:

This case raises important questions of first impression regarding the Utah Governmental Immunity Act. Utah Code Ann. §§ 63-30-1 to -38 (1986 & Supp.1988). It comes to us on an interlocutory appeal from the denial of plaintiffs’ motion for a summary judgment striking certain provisions of the Act as unconstitutional.1

The following facts were undisputed in the trial court. Plaintiff Crelia Condema-rin, who was pregnant with her second child, went to Cottonwood Hospital in the early morning of May 19, 1982, after several hours of labor and a suspected premature rupture of…