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MAGOC v. HOOKER

No. 84-1219.

796 F.2d 377 (1986)

John J. MAGOC, Plaintiff-Appellant, v. Keith R. HOOKER and Intermountain Health Care, Inc., a Utah corporation d/b/a Utah Valley Hospital, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 23, 1986.

Attorney(s) appearing for the Case

Danielle Eyer Davis (Craig M. Snyder of Howard, Lewis & Petersen, with her on brief), Provo, Utah, for plaintiff-appellant.

David W. Slagle of Snow, Christensen & Martineau, Salt Lake City, Utah, for Keith R. Hooker, defendant-appellee.

Charles W. Dahlquist, II of Kirton, McConkie & Bushnell, Salt Lake City, Utah, for Intermountain Health Care, Inc., defendant-appellee.

Before McKAY and McWILLIAMS, Circuit Judges, and BALDOCK, District Judge.

McWILLIAMS, Circuit Judge.

This is a medical malpractice suit brought in the United States District Court for the District of Utah. Jurisdiction is based on diversity of citizenship. The case turns on the Utah Health Care Malpractice Act, Utah Code Ann. (U.C.A.) § 78-14-1, et seq. The district court held that the plaintiff's cause of action was time-barred by the two-year statute of limitations provided for in U.C.A. § 78-14-4(1) and granted motions...

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