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JENSEN v. IHC HOSPITALS, INC.

No. 950164.

944 P.2d 327 (1997)

Sherry JENSEN and Shayne Hipwell, individually and on behalf of all other heirs of Shelly Hipwell, and Ashley Michele Hipwell and Kaycie Shaylene Hipwell appearing by Shayne Hipwell as guardian ad litem, Plaintiffs, Appellants, and Cross-Appellees, v. IHC HOSPITALS, INC., dba McKay-Dee Hospital, and Michael J. Healy, M.D. and Does I through X, Defendants, Appellees, and Cross-Appellant.

Supreme Court of Utah.

Opinion Granting Rehearing August 22, 1997.

Rehearing Denied September 25, 1997.

Attorney(s) appearing for the Case

Richard D. Burbidge, Stephen B. Mitchell, Gary R. Johnson, Salt Lake City, and Simon H. Forgette, Kirkland, WA, for plaintiffs.

James W. Gilson, Kathy A. Lavitt, Salt Lake City, for IHC.

Elliott J. Williams, Kurt M. Frankenburg, Salt Lake City, for Dr. Healy.

ZIMMERMAN, Chief Justice:

The trial court granted summary judgment for defendants IHC Hospitals, Inc., dba McKay-Dee Hospital ("McKay-Dee"), and Michael J. Healy, M.D. ("Dr. Healy"), ruling that plaintiffs Sherry Jensen and Shayne Hipwell's action was barred by the medical malpractice statute of limitations, section 78-14-4 of the Utah Code. Jensen and Hipwell appealed the grant of summary judgment under section 78-2-2(3)(j) of the Utah Code. We reverse and remand...

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