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FOIL v. BALLINGER

No. 16071.

601 P.2d 144 (1979)

Aldwyth FOIL, Plaintiff and Appellant, v. Dr. Carter BALLINGER, Defendant and Respondent.

Supreme Court of Utah.

September 19, 1979.

Attorney(s) appearing for the Case

John Spencer Snow, Reading & Snow, Salt Lake City, for plaintiff and appellant.

Ramon M. Child, Richard F. Bojanowski, Ross C. Anderson of Berman & Giaque, Salt Lake City, for defendant and respondent.

STEWART, Justice:

Plaintiff brings this appeal from a summary judgment in favor of defendant dismissing with prejudice plaintiff's malpractice action on the ground it was barred by the statute of limitations contained in the Utah Health Care Malpractice Act, § 78-14-4 U.C.A.1 The primary issues on appeal are: (1) whether the statute of limitations commences to run from the date of injury or from the date an injured person knows or...

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