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JAUREGUI v. MEMORIAL HOSP. OF SWEETWATER

No. 04-64.

111 P.3d 914 (2005)

2005 WY 59

Jean Leon JAUREGUI and Josephine C. Jauregui, Appellants (Plaintiffs), v. MEMORIAL HOSPITAL OF SWEETWATER COUNTY; and Joseph J. Oliver, M.D., Appellees (Defendants).

Supreme Court of Wyoming.

Rehearing Denied June 8, 2005.

Attorney(s) appearing for the Case

Representing Appellant: Jeremy D. Michaels of Michaels and Michaels, Gillette, Wyoming; Philip White, Jr., Laramie, Wyoming. Argument by Mr. Michaels.

Representing Appellee Memorial Hospital of Sweetwater County: George E. Powers, Jr., and Isaac N. Sutphin of Sundahl, Powers, Kapp & Martin, Cheyenne, Wyoming. Argument by Mr. Powers.

Representing Appellee Joseph J. Oliver, M.D.: W. Henry Combs, III, and Kathleen J. Swanson of Murane & Bostwick, LLC, Casper, Wyoming. Argument by Ms. Swanson.

Before HILL, C.J., and GOLDEN and VOIGT, JJ., and PERRY and BURKE, DJJ.

GOLDEN, Justice.

[¶ 1] Appellants Jean Leon and Josephine Jauregui brought a medical malpractice action against Memorial Hospital of Sweetwater County (the Hospital) and Dr. Joseph Oliver. The district court dismissed the action as to the Hospital, holding that the action was barred as to the Hospital because the Jaureguis had not filed a governmental claim within the time frame established by Wyo. Stat. Ann. § 1-39-113 (LexisNexis 2003). The district court...

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