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SMITH v. U.S.

No. 20131030.

356 P.3d 1249 (2015)

2015 UT 68

Gregory Lynn SMITH, Appellant, v. UNITED STATES of America, Appellee.

Supreme Court of Utah.

August 11, 2015.

Attorney(s) appearing for the Case

Steve S. Christensen , David M. Corbett , Craig L. Pankratz , Salt Lake City, for appellant.

David B. Barlow , Amy J. Oliver , Jeffrey E. Nelson , Salt Lake City, for appellee.

Sean D. Reyes , Att'y Gen., Bridget K. Romano , Solicitor Gen., Salt Lake City, for the State of Utah.

Justice PARRISH authored the opinion of the Court, in which Chief Justice DURRANT, Associate Chief Justice LEE, Justice DURHAM, and Judge TOOMEY joined. Due to his retirement, Justice NEHRING did not participate herein; Court of Appeals Judge KATE A. TOOMEY sat. Justice DENO G. HIMONAS became a member of the Court on February 13, 2015, after oral argument in this matter, and accordingly did not participate.

INTRODUCTION

¶ 1 For millennia, physicians have sworn, "With regard to healing the sick, ... I will take care that they suffer no hurt or damage."1 And for perhaps just as long, the sick have sought redress when hurt or damage inevitably occur.2...

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