JUDD v. DREZGA

No. 20010646.

103 P.3d 135 (2004)

2004 UT 91

Heidi J. JUDD, personally and as the natural parent and guardian of Athan Montgomery, for and on behalf of Athan Montgomery, Plaintiff and Appellant, v. Gregory DREZGA, M.D. and Tooele Valley Regional Medical Center, Defendants and Appellee.

Supreme Court of Utah.

November 5, 2004.


Attorney(s) appearing for the Case

Ralph L. Dewsnup, Paul M. Simmons, Salt Lake City, for plaintiff.

Michael D. Zimmerman, James D. Gardner, David W. Slagle, Brian P. Miller, Salt Lake City, for defendant.

Mark L. Shurtleff, Att'y Gen., Brent A. Burnett, Reed M. Stringham, Asst. Att'ys Gen., Salt Lake City, for amicus State of Utah.

Merrill F. Nelson, Elliott J. Williams, Andrew G. Deiss, David C. Gessel, Salt Lake City, for amici Intermountain Health Care, Inc., Utah Hospitals and Health Systems Ass'n, and Utah Medical Ass'n.


WILKINS, Associate Chief Justice:

¶ 1 Plaintiff Heidi J. Judd, personally and as the parent and guardian of Athan Montgomery, appeals the trial court's reduction of a jury's general damage award from $1,250,000 to $250,000. We affirm.

BACKGROUND

¶ 2 In 1997, Athan Montgomery was born with severe brain damage as a result of Dr. Gregory Drezga's incompetence in his failed attempt to deliver Athan with the use of forceps. Athan's mother, Heidi...

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