Overturf v. University of Utah Medical Center

¶ 9 I agree with the majority in its grant • of the motion for summary disposition of the first matter. However, with respect to the second matter I would affirm the district court’s grant of summary judgment to the Medical Center.

¶ 10 As the majority acknowledges, only one action may be maintained against a wrongful death defendant. See Switzer v. Reynolds, 606 P.2d 244, 246 (Utah 1980). In my opinion, this one-action rule bars Oxen-dine’s complaint because Frank Overturf, the personal representative of the estate, brought a wrongful death action against the Medical Center for the same…