Foil v. Ballinger

Summary

The Utah Supreme Court reversed the trial court's summary judgment, holding that the malpractice statute of limitations begins when the plaintiff discovers or should have discovered both the injury and the negligent cause, and that the 1979 amendment to the notice‑of‑intent provision is retroactive and does not govern when an action is commenced. The Court remanded for the trial court to determine the plaintiff's actual knowledge date.