Legal Opinion

Hove v. McMaster

Utah Supreme Court

Decided November 21, 1980No. 16850PublishedCited by 10 opinions

1Opinion of the Court

STEWART, Justice:

In this action plaintiff sought damages for alleged dental malpractice. The trial was bifurcated, and the issue of whether plaintiff’s claim was timely filed pursuant to the Utah Health Care Malpractice Act, Utah Code Ann. (1953), as amended, § 78-14-4, was tried to the court. The court held that the claim was barred by the applicable statute of limitations because plaintiff had failed to commence the action within two years from the date she knew or reasonably should have known that she sustained an injury that was caused by an act of defendant Dr. MeMaster.

In arguing the…

2Cases cited2 opinions

  1. Foil v. BallingerUtah Supreme Court · 1979
  2. Fisher v. TaylorUtah Supreme Court · 1977

3Cited by10 opinions

  1. Daniels v. Gamma West Brachytherapy, LLCUtah Supreme Court · 2009
  2. Jensen v. IHC Hospitals, Inc.Utah Supreme Court · 2003
  3. Eie v. St. Benedict's HospitalUtah Supreme Court · 1981
  4. Hargett v. LimbergDistrict Court, D. Utah · 1984
  5. Deschamps v. PulleyCourt of Appeals of Utah · 1989

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