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Martinez v. Dale, 2020 UT App 134 (Oct. 1, 2020)

Oct 1, 2020

In this case, the Utah Court of Appeals discussed what is required to establish “incompetence” that tolls a statute of limitations under Utah Code § 78B-2-108. The district court erred in holding that the “inconclusive” nature of the affidavits and medical records entitled the defendant to summary judgment. “[L]ack of conclusivity in the summary judgment context typically calls for later resolution by the fact finder – not making a decision as a matter of law.”