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GRAMLICH v. MUNSEY

No. 900466.

838 P.2d 1131 (1992)

Dana GRAMLICH, Plaintiff and Appellant, v. Jay P. MUNSEY, M.D., Richard Horne, D.C., and Moab Family Chiropractic Clinic, Defendants and Appellees.

Supreme Court of Utah.

September 23, 1992.

Attorney(s) appearing for the Case

Don R. Petersen, Leslie W. Slaugh, Provo, for Gramlich.

Elliott J. Williams, David W. Slagle, Elizabeth King, Salt Lake City, for Munsey.

DURHAM, Justice:

Plaintiff Dana Gramlich appeals from a summary judgment dismissing her malpractice action for failure to comply in a timely manner with the prelitigation review requirements of the Utah Health Care Malpractice Act ("the Act"). Because we do not find that a failure to initiate prelitigation review within 60 days of serving a notice of intent to commence an action ("notice") is a jurisdictional bar, we reverse.

In reviewing motions for summary...

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