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DIERL v. BIRKIN

No. 20210756-CA.

525 P.3d 127 (2023)

2023 UT App 6

Martin J. DIERL, Appellant, v. Barry M. BIRKIN, Appellee.

Court of Appeals of Utah.

Filed January 20, 2023.

Attorney(s) appearing for the Case

David E. Ross II , Park City, Attorney for Appellant.

George T. Naegle , Cortney Kochevar , Kristina H. Ruedas , and Aaron T. Cunningham , Attorneys for Appellee.

Judge David N. Mortensen authored this Opinion, in which Judges Michele M. Christiansen Forster and Ryan M. Harris concurred.

Opinion

¶1 After being injured at a ski resort, Martin J. Dierl underwent a CT scan, which was interpreted by Dr. Barry M. Birkin as being normal. In reality, the scan showed a tumor in Dierl's brain. Some nine months later, after the tumor became symptomatic, Dierl learned of the tumor and had surgery to remove...

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