Arnold v. Grigsby

OPINION

ORME, Judge:

T1 Gina M. Arnold and Charlie S. Arnold appeal the trial court's summary judgment order in favor of David Grigsby, M.D., which concluded that the Arnolds' claims were time-barred by the Utah Health Care Malpractice Act's two-year statute of limitations. See Utah Code Ann. $ 78-14-4(1) (2002). By reason of the generally applicable tolling statute, which suspends the running of a statute of limitations when a defendant departs from Utah after a cause of action has accrued against him, see id. § 78-12-85, we reverse.

BACKGROUND 1

T2 On July 22, 1999, Dr. Gary White performed a…