Chad Nordgren v. Intermountain Health Services, Inc., dba ...
Brigham Young University Law School
BYU Law Digital Commons
Utah Court of Appeals Briefs
2009
Chad Nordgren v. Intermountain Health Services, Inc., dba Sevier Valley Family clinic; Jeffrey Brown, Do, individually; Roger D. Blomquist, MD, individually : Brief of Appellee
Utah Court of Appeals
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Original Brief Submitted to the Utah Court of Appeals; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors. Craig G. Adamson; Craig A. Hoggan; Debra Griffiths Handley; Dart, Adamson, and Donovan; Attorneys for Appellant. George T. Naegle; Anne D. Armstrong; Cortney Kochevar; Richards, Brandt, Miller, Nelson; JoAnne E. Bott; David C. Castleberry; Manning, Curtis, Bradshaw, and Bednar; Attorneys for Appellees.
Recommended Citation
Brief of Appellee, Nordgren v. Intermountain Health Services, No. 20090698 (Utah Court of Appeals, 2009).
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IN THE UTAH COURT OF APPEALS
CHAD NORDGREN, Plaintiff and Appellant,
Case No. 20090698-CA
vs.
INTERMOUNTAIN HEALTH SERVICES, INC., dba SEVIER VALLEY FAMILY CLINIC, JEFFREY BROWN, D.O., individually; and ROGER D. BLOMQUIST, M.D., individually,
Defendants and Appellees.
BRIEF OF APPELLEE Appeal from Final Order from the Sixth District Court,
Sevier County, State of Utah, Judge Wallace Lee
Craig G. Adamson [00042] Craig A. Hoggan [8202] Debra Griffiths Handley [8365]
DART ADAMSON & DONOVAN
370 East South Temple, Suite 400 Salt Lake City, Utah 84111 Attorneys for Plaintiff and Appellant
George T.Naegle [5001] Anne D. Armstrong [8886] Cortney Kochevar [11157]
RICHARDS BRANDT MILLER NELSON
Wells Fargo Center, 15th Floor 299 South Main Street Salt Lake City, Utah 84110-2465 Attorneys for Appellee Roger D. Blomquist, M.D.
JoAnne E. Bott [5262] David C. Castleberry [11531]
MANNING CURTIS BRADSHAW & BEDNAR
170 South Main Street, Suite 900 Salt Lake City, Utah 84101 Attorneys for Appellees IHC Health Services, Inc., dba Sevier Valley Family Clinic and Jeffrey Brown, D.O.
^ A H APPELLATE COURTS
FEB 0 5 ?nm
IN THE UTAH COURT OF APPEALS
CHAD NORDGREN,
Plaintiff and Appellant,
vs.
INTERMOUNTAIN HEALTH SERVICES, INC., dba SEVIER VALLEY FAMILY CLINIC, JEFFREY BROWN, D.O., individually; and ROGER D. BLOMQUIST, M.D., individually,
Defendants and Appellees.
Case No. 20090698-CA
BRIEF OF APPELLEE Appeal from Final Order from the Sixth District Court,
Sevier County, State of Utah, Judge Wallace Lee
Craig G. Adamson [00042] Craig A. Hoggan [8202] Debra Griffiths Handley [8365]
DART ADAMSON & DONOVAN
370 East South Temple, Suite 400 Salt Lake City, Utah 84111 Attorneys for Plaintiff and Appellant
George T.Naegle [5001] Anne D. Armstrong [8886] Cortney Kochevar [11157]
RICHARDS BRANDT MILLER NELSON
Wells Fargo Center, 15lh Floor 299 South Main Street Salt Lake City, Utah 84110-2465 Attorneys for Appellee Roger D. Blomquist, M.D.
JoAnne E. Bott [5262] David C. Castleberry [11531]
MANNING CURTIS BRADSHAW & BEDNAR
170 South Main Street, Suite 900 Salt Lake City, Utah 84101 Attorneys for Appellees IHC Health Services, Inc., dba Sevier Valley Family Clinic and Jeffrey Brown, D.O.
l
PARTIES TO THE PROCEEDING All parties involved in this appeal are identified in the caption.
11
TABLE OF CONTENTS
PARTIES TO THE PROCEEDING
ii
TABLE OF CONTENTS
iii
TABLE OF AUTHORITIES
v
JURISDICTIONAL STATEMENT
vii
ISSUES AND STANDARD OF REVIEW
vii
CONSTITUIONAL PROVISIONS, STATUTES, ORDINANCES, RULES AND
REGULATIONS
viii
STATEMENT OF THE CASE
viii
SUMMARY OF THE ARGUMENTS
xiii
ARGUMENT
1
I. The trial court properly dismissed Chad Nordgren's claim for loss of
consortium for his failure to meet the statutory requirements of Utah Code
Ann. ? 30-2-1 l(4)(a)
2
a) The trial court properly held that Jennie Nordgren wCmade a claim" by
serving a notice of intent
2
b) The trial court properly dismissed Chad Nordgren's loss of consortium
claim, when he served his notice of claim fifteen months after Jennie
Nordgren served her notice of intent
6
II. The trial court properly dismissed Chad Nordgren's loss of consortium
claim for his failure to meet the statutory requirements of Utah Code Ann. ?
30-2-1 l(4)(b) by failing to comply with the provisions of the Utah Health
Care Malpractice Act
11
a) The plain language of the Loss of Consortium Act establishes that the
Utah Health Care Malpractice Act is applicable to Chad Nordgren's
loss of consortium claim
11
b) The plain language of the Utah Health Care Malpractice Act establishes
that it applied to Chad Nordgren's loss of consortium claim
12
iii
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