Gramlich v. Munsey

DURHAM, Justice:

Plaintiff Dana Gramlich appeals from a summary judgment dismissing her malpractice action for failure to comply in a timely manner with the prelitigation review requirements of the Utah Health Care Malpractice Act (“the Act”). Because we do not find that a failure to initiate prelitigation review within 60 days of serving a notice of intent to commence an action (“notice”) is a jurisdictional bar, we reverse.

In reviewing motions for summary judgment, we view the facts in a light most favorable to the nonmoving party. D & L Supply v. Saurini, 775 P.2d 420, 421 (Utah 1989). We…