Legal Opinion

Lee v. Gaufin

Utah Supreme Court

Decided November 30, 1993No. 20995, 21063 and 900595PublishedCited by 83 opinions

1Opinion of the Court

STEWART, Justice:

These cases have been consolidated sua sponte because they raise similar issues as to the constitutionality of the statute of limitations and repose provisions in the Utah Health Care Malpractice Act (Malpractice Act or Act). In each case, the trial court held that those provisions barred the complaints. We reverse and remand for trials on the merits in both cases.

1. The Garza Case, Nos. 20995 and 21068

Suzanne Lee, the mother of Nathan Lee Garza, a minor, filed this medical malpractice action against Dr. Lynn Gaufin on behalf of her son for personal injuries and on her own…

2Cases cited71 opinions

  1. Plyler v. DoeSupreme Court of the United States · 1982
  2. Weber v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1972
  3. Levy v. Louisiana Ex Rel. Charity HospitalSupreme Court of the United States · 1968
  4. Railway Express Agency, Inc. v. New YorkSupreme Court of the United States · 1949
  5. Trimble v. GordonSupreme Court of the United States · 1977

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3Cited by83 opinions

  1. Kitchen v. HerbertCourt of Appeals for the Tenth Circuit · 2014
  2. Hall v. Utah State Department of CorrectionsUtah Supreme Court · 2001
  3. Gallivan v. WalkerUtah Supreme Court · 2002
  4. Judd v. DrezgaUtah Supreme Court · 2004
  5. State v. MohiUtah Supreme Court · 1995

78 more not listed; retrieve them via the Exa API.

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