Legal Opinion

Roth v. Joseph

Court of Appeals of Utah

Decided November 26, 2010No. 20090716-CAPublishedCited by 4 opinions

1Opinion of the Court

OPINION

VOROS, Judge:

T1 This medical malpractice case involves two questions, one involving the setting aside of a default certificate, the other the application of the limitations statute. Plaintiff Larry Roth filed a medical malpractice action against Dr. Ronald Joseph and St. Mark's Hospital (the Hospital), alleging that Dr. Joseph negligently failed to clearly identify for the surgeon a spot in Mr. Roth's colon that needed to be resected. 1 Mr. Roth filed his "notice of intent" against Dr. Joseph on May 9, 2007. The trial court determined that Mr. Roth's claim was barred by the statute of…

2Cases cited15 opinions

  1. Beitel v. OCA, Inc.Court of Appeals for the Fifth Circuit · 2008
  2. Menzies v. GaletkaUtah Supreme Court · 2006
  3. Foil v. BallingerUtah Supreme Court · 1979
  4. Daniels v. Gamma West Brachytherapy, LLCUtah Supreme Court · 2009
  5. Jensen v. IHC Hospitals, Inc.Utah Supreme Court · 2003

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3Cited by4 opinions

  1. Pierucci v. U.S. Bank, NACourt of Appeals of Utah · 2015
  2. Gillman v. GillmanUtah Supreme Court · 2021
  3. Lee v. WilliamsCourt of Appeals of Utah · 2018
  4. Wittingham, LLC v. TNE Ltd. P'shipUtah Supreme Court · 2018

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