LEE v. GAUFIN

Nos. 20995, 21063 and 900595.

867 P.2d 572 (1993)

Suzanne LEE and Nathan Lee Garza, through his guardian, Suzanne Lee, Plaintiffs and Appellants, v. Dr. Lynn GAUFIN, Defendant and Appellee. Gary GRIFFITHS, guardian ad litem for Kevin G. Meehan and Patrick B. Meehan, and Marian J. Meehan, Plaintiffs and Appellants, v. Dr. J. Dallas VAN WAGONER, Defendant and Appellee.

Supreme Court of Utah.

November 30, 1993.


Attorney(s) appearing for the Case

Robert J. DeBry, Edward T. Wells, G. Steven Sullivan, Murray, and David M. Jorgensen, Salt Lake City, for Lee and Garza.

Elliott J. Williams, Salt Lake City, for Gaufin.

Roger P. Christensen, Richard L. Evans, Salt Lake City, for Griffiths and Meehan.

Elliott J. Williams, Kurt M. Frankenburg, Salt Lake City, for Van Wagoner.


STEWART, Justice:

These cases have been consolidated sua sponte because they raise similar issues as to the constitutionality of the statute of limitations and repose provisions in the Utah Health Care Malpractice Act (Malpractice Act or Act). In each case, the trial court held that those provisions barred the complaints. We reverse and remand for trials on the merits in both cases.

1. The Garza Case, Nos. 20995 and 21063

Suzanne Lee, the...

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