The Appellate Group

Cottam v. IHC Health Services Inc.

Cottam v. IHC Health Services Inc., 2024 UT App 19 (Luthy, J.)


Doctor sued the hospital’s corporate owner, one of its administrators, and a voting member of the Hospital’s board. Hospital defendants successfully filed a motion to dismiss, arguing that the doctor’s claims were barred by the hospital bylaws. The Utah Court of Appeals affirmed grant of summary judgment, holding:

  • Doctor did not carry his burden on appeal, because he inadequately briefed a dispositive issue. On appeal, Doctor did not argue that the terms of the bylaws granted wholesale immunity from suit to all the parties he sought to sue, nor did he provide any substantive analysis or support to counter the district court’s application of the immunity provision in the bylaws.

Read the full court opinion