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eBook details

• Title: Michelle Mcguire and Paul Mcguire V.
• Author : Supreme Court Of Utah
• Release Date : January 01, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

STEWART, Justice The appeals in the above four cases are from orders of trial courts dismissing malpractice actions pursuant to the Utah Health Care Malpractice Act. In each case the claim for relief alleged arose prior to the effective date of the Malpractice Act, and an action was filed within the time permitted by the appropriate statute of limitations. No notice of intent to sue under 78-14-8 of that Act was filed prior to the commencement of the actions. Each case was dismissed by the trial court for failure of the plaintiff to file a notice. The dismissals were based upon this Courts decision in Vealey v. Clegg, Utah, 579 P.2d 919 (1978), which held that 78-14-8, the provision requiring service of a notice of intent to sue, was retroactive. In Nos. 16266 and 16252 the actions were refiled pursuant to 78-12-40 which extends the statute of limitations in cases which are commenced within the time allowed by the appropriate statute of limitations but are dismissed on grounds other than the merits of the claims. The trial courts also dismissed the second actions with prejudice, holding that the notice to sue provision was retroactive and that the actions which had been filed within the appropriate statute of limitations were not "commenced" within the time allowed and not subject to the saving provision of 78-12-40.

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