(DOWNLOAD) "Mchenry v. Utah Valley Hospital" by United States Court of Appeals for the Tenth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Mchenry v. Utah Valley Hospital
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 12, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
LOGAN, Circuit Judge Plaintiff Kenneth McHenry, a medical doctor who appears pro se and in forma pauperis in this appeal, filed suit against Utah Valley Hospital for injuries he allegedly received in January 1980, when the arm of a parking lot gate on the premises unexpectedly descended and knocked him to the ground. McHenry was treated for his injuries and apparently had no further problems for some time. He later developed back problems. McHenry asserts that he did not learn until November 1984 that the incident resulted from Utah Valley's negligence in operating and maintaining the gate. He asserts that he did not realize until some time after 1984 that his back injury was attributable to the 1980 gate incident. He did not file suit until October 1988. Utah Valley filed an answer and, concurrently, a motion for judgment on the pleadings under Fed. R. Civ. P. 12(c); it also requested an award of attorney's fees and costs pursuant to Fed. R. Civ. P. 11. The United States magistrate assigned to the case recommended that Utah Valley's motion be granted because McHenry's complaint was filed outside the applicable statute of limitations, Utah Code Ann. § 78-12-25(3). McHenry filed objections, but the district court adopted the magistrate's report and recommendation, concluding that McHenry's suit was properly barred as untimely. The district court also imposed sanctions of $500 for attorney's fees and costs against McHenry and his counsel, finding that McHenry's argument that Utah's statute of limitations violated the Utah constitution's open courts provision, Utah Const. art. I, was not warranted by existing law. McHenry v. Utah Valley Hosp., 724 F. Supp. 835, 838 (D. Utah 1989). McHenry now appeals.1