SCOTT v. WINGATE WILDERNESS THERAPY LLC (2021)

United States Court of Appeals, Tenth Circuit.

Jacob M. SCOTT, an individual, Plaintiff - Appellant, v. WINGATE WILDERNESS THERAPY, LLC, a Utah limited liability company, Defendant - Appellee.

No. 19-4052

Decided: July 30, 2021

Before TYMKOVICH, Chief Judge, MATHESON, and McHUGH, Circuit Judges.

John D. Luthy, Cache County Attorney's Office, Logan, UT, for Plaintiff-Appellant. Danica N. Cepernich, Nathan Andrew Crane, Andrew M. Morse, Snow, Christensen & Martineau, Salt Lake City, UT, for Defendant-Appellee.

ORDER AND JUDGMENT *

In a July 9, 2021 opinion answering the certified question in this matter, the Utah Supreme Court held that the Utah Health Care Malpractice Act applies to the claim at issue in this case. Scott v. Wingate Wilderness Therapy, LLC, 2021 UT 28, ¶ 34. On July 13, 2021, we lifted the abatement of this appeal and directed the parties to file supplemental briefs addressing the impact of the Utah Supreme Court's decision on these proceedings. In his supplemental brief, Appellant concedes that the Utah Supreme Court's holding requires us to affirm the district court's dismissal of his claim.

Accordingly, the judgment of the district court is AFFIRMED.

Per Curiam

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