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BAKER v. STEVENS

No. 20030434.

114 P.3d 580 (2005)

2005 UT 32

Christine BAKER, Personal Representative of the Estate of Gary Baker, for herself and the other heirs of Gary Baker, Plaintiff and Appellee, v. Gregory P. STEVENS, M.D.; Richard M. Rosenthal, M.D.; and IHC Health Center-Holladay, Defendants and Appellants.

Supreme Court of Utah.

May 31, 2005.

Attorney(s) appearing for the Case

Craig M. Snyder, Leslie W. Slaugh, Provo, for plaintiff.

Larry R. White, Paul D. Van Komen, Brian P. Miller, Kenneth L. Reich, Salt Lake City, for defendants.

Douglas G. Mortensen, Salt Lake City, and Ned Miltenberg, Washington, D.C., for amicus Utah Trial Lawyers Ass'n.

Elliott J. Williams, Kurt M. Frankenburg, Carolyn S. Jensen, R. Chet Loftis, Salt Lake City, for amicus Utah Medical Ass'n.

PARRISH, Justice:

¶ 1 Christine Baker ("Christine") sued doctors Richard Rosenthal and Gregory Stevens (the "doctors"), along with the IHC Health Center in Holladay ("IHC") where Dr. Stevens works, to recover damages for the wrongful death of her husband, Gary Baker ("Gary"). Before his death, Gary had entered into an arbitration agreement (the "agreement") with Dr. Rosenthal. Relying on that agreement, the doctors and IHC moved the district court to compel Christine...

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