View Summary
Connie WILCOX et al., Plaintiffs and Appellants
vs.
SALT LAKE CITY CORPORATION a municipal corporation, Defendant and Respondent. SALT LAKE CITY CORPORATION a municipal corporation, Third-Party Plaintiff v. B. CORAY and Angus K. Wilson, Third-Party Defendants and Respondents
Click Here to Read the Full Case Summary
Issues:
Service Providers' liability, evidence, chain of custody, private right of action, policy and procedure.
Case Summary:
Connie Wilcox, a former waitress, appeals a lower court's decision in her suit against the City of Salt Lake and two physicians. City officials adopted an ordinance in compliance with a state mandate that required all food service employees to receive an annual chest X-ray for tuberculosis. Under the city ordinance, physicians would review the chest X-rays and certify to the city that the individual did not appear to have tuberculosis. City officials would then issue a work permit to the employee. Wilcox complied with the ordinance and received authorization to work. A closer inspection of her X-ray indicated that she in fact had tuberculosis. Wilcox filed suit, alleging negligence and a violation of the doctor-patient relationship. The defendants responded with a motion for summary judgment.
Decision of lower jurisdiction:
A trial court granted the defendants' motion for summary judgment and dismissed the complaint. The court ruled that the physicians involved in the complaint did not have a professional relationship with Wilcox. The court ruled the physicians were contracted with the city. Furthermore, the court ruled there was insufficient evidence to suggest that the physicians named in the suit ever reviewed Wilcox's X-ray. Wilcox now appeals.
Outcome:
Wilcox loses. The Utah Supreme Court affirmed the ruling of the lower court in all respects.