Jacob M. Scott, an individual v. WINGATE WILDERNESS THERAPY, LLC, a Utah limited liability company

UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT
_________________________________
JACOB M. SCOTT, an individual,
Plaintiff - Appellant,
v.
WINGATE WILDERNESS THERAPY,
LLC, a Utah limited liability company,
Defendant - Appellee.
No. 19-4052
(D.C. No. 4:18-CV-00002-DN)
(D. Utah)
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before TYMKOVICH, Chief Judge, MATHESON, and McHUGH, Circuit Judges.
_________________________________
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.
* This order and judgment is not binding precedent, except under the doctrines
of law of the case, res judicata, and collateral estoppel. It may be cited, however, for
its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
FILED
United States Court of Appeals
Tenth Circuit
July 30, 2021
Christopher M. Wolpert
Clerk of Court
Appellate Case: 19-4052 Document: 010110555447 Date Filed: 07/30/2021 Page: 1

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Accordingly, the judgment of the district court is AFFIRMED.
Entered for the Court,
Per Curiam
Appellate Case: 19-4052 Document: 010110555447 Date Filed: 07/30/2021 Page: 2

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