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HIRPA v. IHC HOSPITALS, INC.

No. 960180.

948 P.2d 785 (1997)

Haile HIRPA, individually and as natural parent and guardian of Duretti Hirpa, Matti Hirpa, and Mitike Haile Hirpa, minors, Plaintiff and Appellant, v. IHC HOSPITALS, INC., dba Logan Regional Hospital; Merrill C. Daines, M.D.; F. Neal Mortenson, M.D.; Logan Women's Clinic; and Stephen R. Bienz, M.D., Defendants and Appellees. State of Utah, Intervenor.

Supreme Court of Utah.

November 14, 1997.

Attorney(s) appearing for the Case

Patricia W. Christensen, D. Craig Parry, Salt Lake City, and Kathleen Switzer, Bountiful, for the Hirpas.

B. Lloyd Poelman, Salt Lake City, for IHC

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

Jan Graham, Atty. Gen., Salt Lake City, for the State.

HOWE, Justice:

The issues before this court are two questions of state law certified by the United States Court of Appeals for the Tenth Circuit. They are:

(1) Whether physicians employed by a hospital and responding to in-hospital emergency situations are entitled to immunity under Utah Code Ann. § 58-12-23 (1996) (the Good Samaritan Statute); and, if so, (2) Whether this application of the statute...

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