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PETE v. YOUNGBLOOD

No. 20050268-CA.

141 P.3d 629 (2006)

2006 UT App 303

June W. Cox PETE, Plaintiff and Appellant, v. Dr. Robert L. YOUNGBLOOD, St. Mark's Hospital, John Does I-IV, and XYZ Corporations I-V, Defendants and Appellee.

Court of Appeals of Utah.

July 20, 2006.

Attorney(s) appearing for the Case

John L. Collins and Brian L. Olson, Gallian Westfall Wilcox & Wright, St. George, for Appellant.

Elliott J. Williams and Carolyn S. Jensen, Williams & Hunt, Salt Lake City, for Appellee.

Before GREENWOOD, Associate P.J., McHUGH and ORME, JJ.

OPINION

McHUGH, Judge:

¶ 1 June W. Cox Pete appeals from summary judgment in favor of Dr. Robert L. Youngblood on Pete's claim for medical malpractice based on Youngblood's alleged failure to remove gauze from a surgical site. Pete also challenges the trial court's refusal to allow her treating physician to testify as an expert witness when he was designated only as a fact witness during discovery and did not file an expert report under rule 26(a)(3...

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