Brower v. Brown

DURHAM, Justice:

Plaintiffs appeal from the trial court’s order granting defendants’ motion for summary judgment on the ground that the applicable statute of limitations barred plaintiffs’ causes of action.1 Justice Stewart did not participate in this matter. Judge Orme, Utah Court of Appeals, heard oral argument but was subsequently disqualified. Therefore, only four justices participated. Although a majority was reached as to plaintiff’s claims against Dr. Brown, the Court has failed to reach a majority on plaintiff’s claim against IHC. We are evenly divided, as appears from my opinion and…