Last Friday in Moab there was another defense verdict in a medical malpractice statute of limitations trial. The jury decided that plaintiff had “discovered” her legal injury more than two years before commencing the action and, thus, was barred by the two-year limitations period of U.C.A. Sec. 78B-3-404.
The medical malpractice act allows a separate trial for a physician on statute of limitations issues. See, 78B-2-114. (One of many physician-friendly provisions in the Utah Code.)
Plaintiff’s counsel was Utah personal injury attorney Tyler Young out of Provo; defense counsel was personal injury lawyers Cathy Larson and Kathleen Abke. The trial judge was Lyle Anderson. Beddoes-Lee v. Williams, #130700019 (Seventh District for Grand County.)
Two months ago there was another defense verdict for one of the defendants in a limitations trial in a medical malpractice case in Duchesne County This was in the never-ending action of Arnold v. Grigsby (which has been up on appeal four times.) In that action, a trial against the remaining defendant is set for July 2016. (Fifteen years from the date the complaint was filed.)
These statute of limitations trials give the defense a free, easy, no-real-downside shot at eliminating a malpractice claim. And, as you can see, they are often successful.
Tyler Young, Plaintiff’s Counsel
Kathleen Abke, Defense Counsel