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HARGETT v. LIMBERG

No. 84-2724.

801 F.2d 368 (1986)

Cheryl HARGETT, as guardian ad litem for Nathaniel Hargett, a minor, Plaintiff-Appellant, Cheryl Hargett, an individual and Wesley Hoyt, as guardian ad litem for Nathaniel Hargett, a minor, Plaintiffs, v. David LIMBERG, M.D., an individual, Intermountain Health Care, Inc., a Utah corporation, d/b/a Fillmore Hospital and Fillmore Hospital, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 18, 1986.

Attorney(s) appearing for the Case

James R. Black (Fred R. Sylvester, Black & Moore, with him on the brief), Black & Moore, Salt Lake City, Utah, for plaintiff-appellant.

Dan S. Bushnell (David B. Erickson, Kirton, McConkie & Bushnell, with him on the brief), Kirton, McConkie & Bushnell, Salt Lake City, Utah, for defendants-appellees.

Before BARRETT, SEYMOUR and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

The medical malpractice claim filed by plaintiff-appellant Cheryl Hargett was dismissed for failure to file it within the time allowed by the applicable statute of limitations. She appeals the dismissal on several grounds: (1) the trial court erred in determining the date she discovered the alleged malpractice; (2) the failure of the mother to timely file an action should not bar a minor child from presenting his claim; (3) the medical malpractice...

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