Kenneth McHenry v. Utah Valley Hosp., a Div. of Intermountain Health Care, Inc.,defendant-Appellee, 927 F.2d 1125 (10th Cir. 1991). · Go Syfert
Kenneth McHenry v. Utah Valley Hosp., a Div. of Intermountain Health Care, Inc.,defendant-Appellee, 927 F.2d 1125 (10th Cir. 1991). Cases Citing This Book View Copy Cite
42 citation events (18 in the last 25 years) across 10 distinct courts.
Strongest positive: In re: JEFFERY ALLAN MASCIO; INDVR BRANDS, INC. and INDVR BRANDS U.S., INC. v. JEFFERY MASCIO (cob, 2025-12-17)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
cited Cited as authority (rule) In re: JEFFERY ALLAN MASCIO; INDVR BRANDS, INC. and INDVR BRANDS U.S., INC. v. JEFFERY MASCIO
Bankr.D. Colo. · 2025 · confidence medium
Colo. Nov. 9, 2011) (citing McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir. 1991)); O’Brien v. Montoya (In re Torres-Montoya), 580 B.R. 556 , 560 (Bankr.
discussed Cited as authority (rule) Gomez v. Epic Landscape Productions, L.C.
D. Kan. · 2024 · confidence medium
Stores Co., 971 F.2d 522, 528 (10th Cir. 1992) (citing McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir. 1991)). is plausible on its face.”3 “[T]he complaint must give the court reason to believe that this plaintiff has a reasonable likelihood of mustering factual support for these claims.”4 The plausibility standard does not require a showing of probability that a defendant has acted unlawfully, but requires more than “a sheer possibility.”5 “[M]ere ‘labels and conclusions,’ and ‘a formulaic recitation of the elements of a cause of action’ will not suffice; a pl…
cited Cited as authority (rule) Sandin v. USD 500 Kansas City, Kansas
D. Kan. · 2021 · confidence medium
Stores Co., 971 F.2d 522, 528 (10th Cir. 1992) (citing McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir. 1991)). 3 Bell Atl.
discussed Cited as authority (rule) Kelley v. Wright
D. Kan. · 2019 · confidence medium
Stores Co., 971 F.2d 522, 528 (10th Cir. 1992) (citing McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir. 1991)). is plausible on its face.”3 “[T]he complaint must give the court reason to believe that this plaintiff has a reasonable likelihood of mustering factual support for these claims.”4 The plausibility standard does not require a showing of probability that a defendant has acted unlawfully, but requires more than “a sheer possibility.”5 “[M]ere ‘labels and conclusions,’ and ‘a formulaic recitation of the elements of a cause of action’ will not suffice; a pl…
discussed Cited as authority (rule) Martin Marietta Materials, Inc. v. Kansas Department of Transportation (2×)
10th Cir. · 2016 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir. 2005) (quoting McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir. 1991)).
discussed Cited as authority (rule) Morris v. City of Colorado Springs
10th Cir. · 2012 · confidence medium
Co., 419 F.3d 1117, 1119 (10th Cir.2005) (quoting McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991)), and “[ujnder that standard, we review the motion de novo, accepting factual allegations as true and considering them in the light most favorable to the plaintiff,” Tomlinson v. El Paso Corp., 653 F.3d 1281, 1285-86 (10th Cir.2011).
discussed Cited as authority (rule) Gonzales v. Beery (In Re Beery)
Bankr. D.N.M. · 2011 · confidence medium
McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991) cert. denied, 502 U.S. 894 , 112 S.Ct. 263 , 116 L.Ed.2d 217 (1991) (quoting Bishop v. Federal Intermediate *829 Credit Bank of Wichita, 908 F.2d 658, 663 (10th Cir.1990)), cert. denied, 502 U.S. 894 , 112 S.Ct. 263 , 116 L.Ed.2d 217 (1991).
discussed Cited as authority (rule) Nelson v. State Farm Mutual Automobile Insurance
10th Cir. · 2005 · confidence medium
We review a dismissal granted under Rule 12(c) “under the standard of review applicable to a Rule 12(b)(6) motion to dismiss.” McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991) (quotation marks omitted).
cited Cited as authority (rule) Beebe v. Heil
D. Colo. · 2004 · confidence medium
McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991).
cited Cited as authority (rule) Wyoming v. United States Department of Agriculture
D. Wyo. · 2002 · confidence medium
Villescas v. Richardson, 124 F.Supp.2d 647, 650 (D.Colo.2000) (citing McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991)).
cited Cited as authority (rule) Center for Legal Advocacy v. Earnest
D. Colo. · 2002 · confidence medium
Villescas v. Richardson, 124 F.Supp.2d 647, 650 (D.Colo.2000) (citing McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991)).
cited Cited as authority (rule) Villescas v. Richardson
D. Colo. · 2000 · confidence medium
McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir. 1991).
cited Cited as authority (rule) Ramirez v. Department of Corrections
10th Cir. · 2000 · confidence medium
McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991).
discussed Cited as authority (rule) Walker v. BOARD OF TRUSTEES, REGIONAL TRANSP.
D. Colo. · 1999 · confidence medium
McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991) cert. denied, 502 U.S. 894 , 112 S.Ct. 263 , 116 L.Ed.2d 217 (1991) (quoting Bishop v. Federal Intermediate Credit Bank of Wichita, 908 F.2d 658, 663 (10th Cir.1990)), cert. denied, 502 U.S. 894 , 112 S.Ct. 263 , 116 L.Ed.2d 217 (1991).
cited Cited as authority (rule) Depew v. United States
D. Colo. · 1999 · confidence medium
McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991).
cited Cited as authority (rule) Urban v. Tularosa
10th Cir. · 1998 · confidence medium
P.] 12(b)(6) motion to dismiss.” McHenry v. Utah Valley Hosp. , 927 F.2d 1125, 1126 (10th Cir. 1991).
discussed Cited as authority (rule) Urban v. Tularosa
10th Cir. · 1998 · confidence medium
Standard of Review. 4 "Where a party moves to dismiss pursuant to Fed.R.Civ.P. 12(c), we will review the judgment on the pleadings under the standard of review applicable to a [Fed.R.Civ.P.] 12(b)(6) motion to dismiss." McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991).
cited Cited as authority (rule) Seolas v. Bilzerian
D. Utah · 1997 · confidence medium
McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991).
discussed Cited as authority (rule) Bauer v. Dantis
10th Cir. · 1996 · confidence medium
Estate of Washington, v. United States, Sectretary of Health, 53 F.3d 1173, 1174 (10th Cir.1995); McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.), cert. denied, 502 U.S. 894 (1991). " 'We will uphold a dismissal under Fed.R.Civ.P. 12(b)(6) only when it appears that the plaintiff can prove no set of facts in support of the claims that would entitle the plaintiff to relief.' In making this determination, we must 'accept all the well-pleaded allegations of the complaint as true and must construe them in the light most favorable to the plaintiff.' " Roman v. Cessna Aircraft Co., 55 F…
discussed Cited as authority (rule) Galen Schrag Merlin Kaufman Michael Maloney Dale McCurry A.J. McCurry Robert McCurry Odel McCurry Cecil McCurry James Meier William G. Schwartz, John R. Nickelson, Individually, and in His Capacity as Administrator of the Estate of Neola Nickelson, James Craig Dodd, Esq. v. Ted Dinges, Jr. Gary Dinges Mark Youngers Charles Brooks Jay Ewing Robert \Bob\" Simpson Bonaventure A. Kreutzer
unknown court · 1995 · confidence medium
See Schrag, 150 F.R.D. at 681 . 41 We apply an abuse of discretion standard in reviewing all aspects of the district court's decision. 10 Cooter & Gell v. Hartmarx Corp., 496 U.S. 384, 405 (1990); McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.) ("We apply an abuse of discretion standard to both the violation determination and the imposition of sanctions under Fed.R.Civ.P. 11."), cert. denied, 502 U.S. 894 (1991).
cited Cited as authority (rule) Davis v. Olin
D. Kan. · 1995 · confidence medium
Stores Co., 971 F.2d 522, 528 (10th Cir.1992) (citing McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991), ce rt. denied, 502 U.S. 894 , 112 S.Ct. 263 , 116 L.Ed.2d 217 (1991)).
cited Cited as authority (rule) Betts v. City of Greeley, Colo.
10th Cir. · 1995 · confidence medium
McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.), cert. denied, 112 S.Ct. 263 (1991).
discussed Cited as authority (rule) Mock v. T.G. & Y. Stores Co.
10th Cir. · 1992 · confidence medium
McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991) cert. denied, — U.S. -, 112 S.Ct. 263 , 116 L.Ed.2d 217 (1991) (quoting Bishop v. Federal Intermediate Credit Bank of Wichita, 908 F.2d 658, 663 (10th Cir.1990)), cert. denied, — U.S. -, 112 S.Ct. 263 , 116 L.Ed.2d 217 (1991).
discussed Cited as authority (rule) Charles Mock v. T.G. & Y. Stores Co., an Oklahoma Corporation, Household International, Inc., a Delaware Corporation, Household Merchandising, Inc., an Ohio Corporation, Jim L. Clymer v. T.G. & Y. Stores Co., an Oklahoma Corporation, Household International, Inc., a Delaware Corporation, Household Merchandising, Inc., an Ohio Corporation, Gary Bailey, Dwayne Hope, Jimmy Hope, Patty Hudson, Glenda Morton, Charles Edwards Owens, Victor E. Silva, Kim Louise Souders v. T.G. & Y. Stores Co., an Oklahoma Corporation, Household International, Inc., a Delaware Corporation, Household Merchandising, Inc., an Ohio Corporation, the General Drivers, Chauffeurs, Helpers, Local Union 886, Affiliated With the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Gary Bailey, Dwayne Hope, Jimmy Hope, Patty Hudson, Glenda Morton, Charles Edwards Owens, Victor E. Silva, Kim Louise Souders v. T.G. & Y. Stores Co., an Oklahoma Corporation, Household International, Inc., a Delaware Corporation, Household Merchandising, Inc., an Ohio Corporation, and the General Drivers, Chauffeurs, Helpers, Local Union 886, Affiliated With the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America
10th Cir. · 1992 · confidence medium
McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991) cert. denied, --- U.S. ----, 112 S.Ct. 263 , 116 L.Ed.2d 217 (1991) (quoting Bishop v. Federal Intermediate Credit Bank of Wichita, 908 F.2d 658, 663 (10th Cir.1990)), cert. denied, --- U.S. ----, 112 S.Ct. 263 , 116 L.Ed.2d 217 (1991).
cited Cited as authority (rule) Lion Hill Mines Through Schoepe v. Zions First Nat. Bank
1st Cir. · 1992 · confidence medium
McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991).
cited Cited "see" Pett v. Dudzinski
10th Cir. · 2006 · signal: see · confidence high
See *742 McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991).
cited Cited "see" Aspenwood Investment Co. v. Martinez
10th Cir. · 2004 · signal: see · confidence high
See McHenry v. Utah Valley Hospital, 927 F.2d 1125, 1126 (10th Cir.1991).
cited Cited "see" Premier Private v. International Union
10th Cir. · 1999 · signal: see · confidence high
See McHenry v. Utah Valley Hosp. , 927 F.2d 1125, 1126 (10th Cir. 1991).
cited Cited "see" Realmonte v. Reeves
10th Cir. · 1999 · signal: see · confidence high
See McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991).
cited Cited "see" Madsen v. Wyoming River Trips, Inc.
D. Wyo. · 1999 · signal: see · confidence high
See McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991).
cited Cited "see" Morgan v. Donley
10th Cir. · 1996 · signal: see · confidence high
See McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.), cert. denied, 502 U.S. 894 (1991). 14 Plaintiff argues that the district court erred in denying her motion to certify.
discussed Cited "see" Estate of Washington
10th Cir. · 1995 · signal: see · confidence high
See McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.), cert. denied, 502 U.S. 894 , 112 S.Ct. 263 , 116 L.Ed.2d 217 (1991); Doyle v. Oklahoma Bar Ass'n, 998 F.2d 1559 , 1566 (10th Cir.1993).
discussed Cited "see" Estate of Washington v. United States
10th Cir. · 1995 · signal: see · confidence high
See McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.), cert. denied, 502 U.S. 894 , 112 S.Ct. 263 , 116 L.Ed.2d 217 (1991); Doyle v. Oklahoma Bar Ass’n, 998 F.2d 1559, 1566 (10th Cir.1993).
discussed Cited "see" State v. Babbitt
Wis. Ct. App. · 1994 · signal: see · confidence high
See Summers v. State of Utah, 927 F.2d 1125 (10th Cir. 1991) (defendant's refusal to perform a field sobriety test may be used as evidence of probable cause); Marvin v. DMV, 161 Cal. App. 3d 717 (1984) (refusal to take the field sobriety test could be interpreted as consciousness of guilt); Farmer, 404 S.E.2d at 373 (use of defendant's refusal to take a field sobriety test as evidence of intoxication does not violate the defendant's right against self-incrimination).
discussed Cited "see" McKinnon v. Tambrands, Inc.
D. Utah · 1993 · signal: see · confidence high
See McHenry v. Utah Valley Hosp., 724 F.Supp. 835, 839 (D.Utah 1989), aff'd, 927 F.2d 1125 (10th Cir.), cert. denied, — U.S. -, 112 S.Ct. 263 , 116 L.Ed.2d 217 (1991) (“‘Discovery’ does not mean that plaintiff must realize the full extent of his injury.”). 6 .
discussed Cited "see, e.g." Armor v. Lantz
W. Va. · 2000 · signal: see, e.g. · confidence medium
See, e.g., McHenry v. Utah Valley Hosp., 927 F.2d 1125, 1126 (10th Cir.1991) (application of Rule 11 sanctions to action that was obviously time barred); United State v. Gavilan Joint Community College Dist., 849 F.2d 1246, 1251 (9th Cir.1988) (same).
Retrieving the full opinion text from the archive…
Kenneth McHENRY, Plaintiff-Appellant,
v.
UTAH VALLEY HOSPITAL, a DIVISION OF INTERMOUNTAIN HEALTH CARE, INC., Defendant-Appellee
89-4134.
Court of Appeals for the Tenth Circuit.
Mar 12, 1991.
927 F.2d 1125
Kenneth McHenry, pro se., Scott C. Pugsley and James W. Gilson, Intermountain Health Care, Inc., Salt Lake City, Utah, for defendant-appellee.
Baldock, Logan, Moore.
Cited by 39 opinions  |  Published
LOGAN, Circuit Judge.

Plaintiff Kenneth McHenry, a medical doctor who appears pro se and in forma pauperis in this appeal, filed suit against Utah Valley Hospital for injuries he allegedly received in January 1980, when the arm of a parking lot gate on the premises unexpectedly descended and knocked him to the ground. McHenry was treated for his injuries and apparently had no further problems for some time. He later developed back problems. McHenry asserts that he did not learn until November 1984 that the incident resulted from Utah Valley’s negligence in operating and maintaining the gate. He asserts that he did not realize until some time after 1984 that his back injury was attributable to the 1980 gate incident. He did not file suit until October 1988.

Utah Valley filed an answer and, concurrently, a motion for judgment on the pleadings under Fed.R.Civ.P. 12(c); it also requested an award of attorney’s fees and costs pursuant to Fed.R.Civ.P. 11. The United States magistrate assigned to the case recommended that Utah Valley’s motion be granted because McHenry’s complaint was filed outside the applicable statute of limitations, Utah Code Ann. § 78-12-25(3). McHenry filed objections, but the district court adopted the magistrate’s report and recommendation, concluding that McHenry’s suit was properly barred as untimely. The district court also imposed sanctions of $500 for attorney’s fees and costs against McHenry and his counsel, finding that McHenry’s argument that Utah’s statute of limitations violated the Utah constitution’s open courts provision, Utah Const, art. I § 11, was not warranted by existing law. McHenry v. Utah [*1126] Valley Hosp., 724 F.Supp. 835, 838 (D.Utah 1989). McHenry now appeals. [1]

“Where a party moves to dismiss pursuant to Fed.R.Civ.P. 12(c), we will review the judgment on the pleadings under the standard of review applicable to a Rule 12(b)(6) motion to dismiss.” Bishop v. Federal Intermediate Credit Bank of Wichita, 908 F.2d 658, 663 (10th Cir.1990). Therefore, the standard of review is de novo. See Morgan v. City of Rawlins, 792 F.2d 975, 978 (10th Cir.1986). We apply an abuse of discretion standard to both the violation determination and the imposition of sanctions under Fed.R.Civ.P. 11. See Adamson v. Bowen, 855 F.2d 668, 672-73 (10th Cir.1988); Burkhart ex rel. Meeks v. Kinsley Bank, 852 F.2d 512, 515 (10th Cir.1988).

After examining the record, we agree with the district court that McHen-ry’s claims are barred by Utah’s four-year statute of limitations. We also hold that there was no abuse of discretion in the district court’s imposition of sanctions against plaintiff and his counsel. The record indicates that McHenry was afforded sufficient notice of the court’s consideration of the issue of sanctions and had ample opportunity to respond and be heard regarding this issue. See Braley v. Campbell, 832 F.2d 1504, 1514 (10th Cir.1987).

McHenry’s request for sanctions against Utah Valley pursuant to 28 U.S.C. § 1927 for precipitating an unnecessary appeal is denied. We have not considered Utah Valley's supplemental brief; therefore it is not necessary for us to reach the merits of McHenry’s motion to strike that brief.

For substantially the reasons contained in the district court’s opinion, published as McHenry v. Utah Valley Hosp., 724 F.Supp. 835 (D.Utah 1989), and on the basis of the authorities cited therein, the judgment of the district court is AFFIRMED.

1

. After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R. App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.