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FLOYD v. WESTERN SURGICAL ASSOCIATES

No. 880243-CA.

773 P.2d 401 (1989)

Charles FLOYD, Plaintiff and Appellant, v. WESTERN SURGICAL ASSOCIATES, INC., Martin C. Lindem, Jr., M.D., Lynn L. Wilcox, M.D., and St. Mark's Hospital, Defendants and Respondents.

Court of Appeals of Utah.

April 28, 1989.

Attorney(s) appearing for the Case

D. Clayton Fairbourn (argued), Fairbourn & Peshell, Midvale, for plaintiff and appellant.

Elliott J. Williams, Larry R. Laycock, Snow, Christensen & Martineau, Salt Lake City, for Western Surgical Associates, Inc. and Martin C. Lindem.

J. Anthony Eyre (argued), Kipp & Christian, Salt Lake City, for Lynn L. Wilcox.

Gary D. Stott, Richards, Brandt, Miller & Nelson, Salt Lake City, for St. Mark's Hosp.

Before GARFF, GREENWOOD and JACKSON, JJ.

OPINION

GREENWOOD, Judge:

Charles Floyd brought this action seeking damages against defendants resulting from allegedly unnecessary surgery. The trial court granted summary judgment for all defendants, stating that Floyd's claims were barred by the statute of limitations set forth in Utah Code Ann. § 78-14-4 (1987). The court stated that Floyd discovered, or through the exercise of reasonable diligence should have discovered, more than two years before...

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