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ROBINSON v. TAYLOR

No. 20130463.

356 P.3d 1230 (2015)

2015 UT 69

Robby D. ROBINSON and Lisa Robinson, individually and as personal representatives for the heirs of the Estate of Bradford Robinson, Appellees, v. Paul Ray TAYLOR, M.D. et al., Appellant.

Supreme Court of Utah.

August 11, 2015.

Attorney(s) appearing for the Case

James R. Hasenyager , Peter W. Summerill , Ogden, Matthew J. Morrison , Andrew Tuegel , Waco, TX, Donald J. Winder , John W. Holt , Salt Lake City, for appellees.

Michael D. Zimmerman , Troy L. Booher , Julie J. Nelson , Noella A. Sudbury , George R. Naegle , Zachary E. Peterson , Cortney Kochevar , Salt Lake City, for appellant.

Merrill F. Nelson , Alexander Dushku , Tiffany Smith , Salt Lake City, for amicus curiae American Medical Association, Utah Hospital Association, Utah Medical Association.

Paul M. Simmons , Ryan M. Springer , Salt Lake City, for amicus curiae Utah Association for Justice.

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, Justice DURHAM, and Judge TOOMEY joined. Associate Chief Justice LEE filed a dissenting opinion. 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 Robby and Lisa Robinson brought this medical malpractice lawsuit against Dr. Paul Taylor for the wrongful death of their deceased father, Brad Robinson. After the jury found that Dr. Taylor negligently caused Mr. Robinson's death, Dr. Taylor appealed, challenging the trial court...

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