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ROTH v. JOSEPH

No. 20090716-CA.

244 P.3d 391 (2010)

2010 UT App 332

Larry ROTH, Plaintiff and Appellant, v. Ronald JOSEPH, M.D.; and Northern Utah Healthcare Corporation dba St. Mark's Hospital, Defendants and Appellees.

Court of Appeals of Utah.

November 26, 2010.

Attorney(s) appearing for the Case

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

R. Scott Williams , Peter J. Baxter , Tawni J. Anderson , Eric P. Schoonveld , and Jason Richard Watson , Salt Lake City, for Appellees.

Before Judges ORME, VOROS, and ROTH.

OPINION

VOROS, Judge:

¶ 1 This medical malpractice case involves two questions, one involving the setting aside of a default certificate, the other the application of the limitations statute. Plaintiff Larry Roth filed a medical malpractice action against Dr. Ronald Joseph and St. Mark's Hospital (the Hospital), alleging that Dr. Joseph negligently failed to clearly identify for the surgeon a spot in Mr. Roth's colon that needed to be resected.

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