CONDEMARIN v. UNIVERSITY HOSP.

No. 20602.

775 P.2d 348 (1989)

Crelia CONDEMARIN, individually and as Guardian Ad Litem of Leonel Condemarin, and Jose Condemarin, Plaintiffs and Appellants, v. UNIVERSITY HOSPITAL, University of Utah, R.M. Larkin, M.D., Gayle M. Carter, M.D., Carlos Dibble, M.D., John Soper, M.D., Jane and John Does I through X, Defendants and Appellees.

Supreme Court of Utah.

Rehearing Denied July 11, 1989.


Attorney(s) appearing for the Case

Timothy C. Houpt, Paul R. Lovell, Salt Lake City, for plaintiffs and appellants.

Merlin Lybert, David G. Williams, R. Paul Van Dam, William T. Evans, Salt Lake City, for defendants and appellees.


DURHAM, Justice:

This case raises important questions of first impression regarding the Utah Governmental Immunity Act. Utah Code Ann. §§ 63-30-1 to -38 (1986 & Supp. 1988). It comes to us on an interlocutory appeal from the denial of plaintiffs' motion for a summary judgment striking certain provisions of the Act as unconstitutional.1

The following facts were undisputed in the trial court. Plaintiff Crelia Condemarin...

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