SORENSEN v. BARBUTO

No. 20060816.

177 P.3d 614 (2008)

2008 UT 8

Nicholas SORENSEN, Kevin Sorensen, and Pamela Sorensen, limited guardians and conservators of Nicholas Sorensen, Plaintiffs and Respondents. v. John P. BARBUTO, individually, and John P. Barbuto, M.D., P.C., dba Neurology in Focus, Defendants and Petitioners.

Supreme Court of Utah.

February 1, 2008.


Attorney(s) appearing for the Case

L. Rich Humphreys, Karra J. Porter, Salt Lake City, for plaintiffs.

Dennis C. Ferguson, Salt Lake City, for defendants.

David C. Gessel, Salt Lake City, Merrill F. Nelson, R. Chet Loftis, Mark A. Brinton, Salt Lake City, Brent Gordon, Salt Lake City, for amid, UHA, Utah Hospitals and Health Systems Ass'n, Utah Medical Ass'n, and Utah Trial Lawyers Ass'n.


DURHAM, Chief Justice:

INTRODUCTION

¶ 1 This case comes before us on a writ of certiorari to the Utah Court of Appeals. We granted the writ of certiorari on two questions: (1) whether by filing a personal injury suit Nicholas Sorensen waived any duty of confidentiality encompassing ex parte communications between himself and Dr. John Barbuto in that suit; and (2) whether the court of appeals erred in construing the scope of the privilege set forth in...

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