Jensen v. IHC Hospitals, Inc.

ZIMMERMAN, Chief Justice:

The trial court granted summary judgment for defendants IHC Hospitals, Inc., dba McKay-Dee Hospital (“McKay-Dee”), and Michael J. Healy, M.D. (“Dr. Healy”), ruling that plaintiffs Sherry Jensen and Shayne Hipwell’s action was barred by the medical malpractice statute of limitations, section 78-14-4 of the Utah Code. Jensen and Hipwell appealed the grant of summary judgment under section 78-2-2(3)© of the Utah Code. We reverse and remand to the trial court for resolution of a fact question relevant to the tolling of the statute of limitations.

A detailed recitation of…