Judd v. Drezga

103 P.3d 135 (2004)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
J
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Judd v. Drezga

Utah Supreme Court
103 P.3d 135 (2004)

JL

Facts

Athan Montgomery (plaintiff) was born with severe brain damage as a result of a failed attempt by Dr. Gregory Drezga (defendant) to deliver Montgomery using forceps. Heidi Judd (plaintiff), personally and as the parent and guardian of Montgomery, brought suit against Drezga. At trial, the jury awarded Montgomery $22,735.30 for the amounts already expended to maintain his life, $1,000,000 to continue maintaining his life, and $1,250,000 in noneconomic damages for diminished quality and enjoyment of life. Drezga moved to reduce the noneconomic damages based on a Utah statute capping some forms of damages for medical-malpractice victims at $250,000. The trial court granted Drezga’s motion. Judd appealed, arguing that the cap violated the Utah Constitution because the cap deprived state citizens of a remedy and discriminated against certain classes of plaintiffs.

Rule of Law

Issue

Holding and Reasoning (Wilkins, J.)

Dissent (Durham, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 812,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 812,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 812,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Remedies

Key Terms