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DAY v. MEEK

No. 970562.

976 P.2d 1202 (1999)

1999 UT 28

Lois Rebecca DAY, Plaintiff and Appellant, v. Steven MEEK, M.D., General Hospitals of Galen, Inc., a Utah corporation, dba Davis Hospital, and Does I-X, Defendants and Appellees.

Supreme Court of Utah.

March 30, 1999.

Attorney(s) appearing for the Case

Michael A. Katz, Deven J. Coggins, Mitchell R. Jensen, Murray, for Day

Philip R. Fishler, R. Scott Williams, Catherine M. Larson, Salt Lake City, for Meek

David Slagle, Salt Lake City, for Davis Hospital

RUSSON, Justice:

¶ 1 Plaintiff Lois Rebecca Day appeals from a summary judgment dismissing her malpractice action. According to Day's complaint, defendants Dr. Stephen Meek and Davis Hospital negligently left a sponge inside her body after surgery. The district court held that the relevant statute of limitations required Day to bring notice of her action within one year of discovery1 of the malpractice. Because Day filed notice more...

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