Coleman Ex Rel. Schefski v. Stevens, 2000 UT 98 (Utah 2000). · Go Syfert
Coleman Ex Rel. Schefski v. Stevens, 2000 UT 98 (Utah 2000). Cases Citing This Book View Copy Cite
112 citation events (112 in the last 25 years) across 3 distinct courts.
Strongest positive: Heath v. Consumer Protection (utahctapp, 2023-04-27)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 11 distinct citers. How cited ↗
examined Cited as authority (quoted) Heath v. Consumer Protection (2×)
Utah Ct. App. · 2023 · quote attribution · 2 verbatim quotes · confidence low
it is well established that a reviewing court will not address arguments that are not adequately briefed.
discussed Cited "see" Jones v. MacKey Price Thompson & Ostler (2×)
Utah · 2015 · signal: see · confidence high
See Coleman ex. rel Schefski v. Stevens, 2000 UT 98, ¶9 , 17 P.3d 1122 (declining to review an issue where it was raised for the first time in the reply brief); see also Urag R.App.
discussed Cited "see" Bishop v. Inwest Title Services, Inc.
Utah Ct. App. · 2014 · signal: see · confidence high
See Macris & Assocs., 2000 UT 98 , 1 20, 16 P.38d 1214. 114 Bishop also challenges the district court's awards of attorney fees to Inwest and Boyce, arguing that the district court's summary judgment and dismissal rulings were erroneous and therefore cannot support those fee awards.
discussed Cited "see" American Fork City v. Hulet (2×)
Utah Ct. App. · 2012 · signal: see · confidence high
See Coleman v. Stevens, 2000 UT 98, ¶ 9 , 17 P.3d 1122 (stating that "we do not generally consider arguments raised for the first time in the reply brief").
discussed Cited "see" Tooele Associates Ltd. Partnership v. Tooele City Corp. (2×)
Utah · 2011 · signal: see · confidence high
See Coleman v. Stevens, 2000 UT 98, ¶ 10-11 , 17 P.3d 1122 (stating that a trial court's decision to award the prevailing party its deposition costs is reviewed under an abuse of discretion standard).
discussed Cited "see" Merrill v. Labor Commission (2×)
Utah Ct. App. · 2007 · signal: see · confidence high
See Coleman v. Stevens, 2000 UT 98, ¶ 7 , 17 P.3d 1122 (noting that "[it is well established that a reviewing court will not address arguments that are not adequately briefed" and that "[flailure to provide any analysis or legal authority constitutes inadequate briefing" (quotations omitted)). 2 .
discussed Cited "see" Cannon v. Salt Lake Regional Medical Center, Inc. (2×)
Utah Ct. App. · 2005 · signal: see · confidence high
See Coleman v. Stevens, 2000 UT 98, ¶ 9 , 17 P.3d 1122 (refusing to "consider matters raised for the first time in the reply brief”). 6 .
discussed Cited "see" State v. Weaver (2×)
Utah · 2005 · signal: see · confidence high
See Coleman v. Stevens, 2000 UT 98, ¶ 9 , 17 P.3d 1122 ; see also Ptnder, 2005 UT 15 at ¶45 , 114 P.3d 551 .
discussed Cited "see" State v. Pinder (2×)
Utah · 2005 · signal: see · confidence high
See Coleman v. Stevens, 2000 UT 98, ¶ 9 , 17 P.3d 1122 (“[Because Mr. Coleman did not properly raise these three issues in the trial court and thereby preserve them for appellate review, and because he argued plain error or manifest injustice for the first time in his reply brief, we decline to review them.”). ¶ 46 Although Pinder arg-ued in his motion for a new trial that the State should have been foreclosed from calling De-Hart for the sole purpose of impeaching her, that fact alone does not preserve his argument for appellate review.
examined Cited "see" State v. Norris (4×)
Utah Ct. App. · 2004 · signal: see · confidence high
See Coleman v. Stevens, 2000 UT 98, ¶ 9 , 17 P.3d 1122 (holding court would not reach unpreserved issues under plain error doctrine because plain error raised for first time in reply brief). [2] I disagree with Judge Bench's claim that Myers v. State, 2004 UT 31 , 94 P.3d 211 , considered this question and rejected it on the merits.
discussed Cited "see, e.g." Mi Vida Enterprises v. Steen-Adams (2×)
Utah Ct. App. · 2005 · signal: see also · confidence low
P. 24(c); see also Coleman ex rel, Schefski v. Stevens, 2000 UT 98,¶ 9 , 17 P.3d 1122 ("[W]e will not consider matters raised for the first time in the reply brief.”). .
Retrieving the full opinion text from the archive…
James COLEMAN, Deceased, by and Through Karen SCHEFSKI, His Personal Representative, Plaintiff and Appellant,
v.
Michael H. STEVENS, M.D., Defendant and Appellee
Melvin S. Martin, Murray, for plaintiff., Curtis J. Drake and Scott C. Sandberg, Salt Lake City, for defendant.
Howe, Russon, Durham, Durrant, Wilkins.
Cited by 54 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 80%
Citer courts: Court of Appeals of Utah (2)
WILKINS, Justice:

T1 James Coleman appeals from an adverse jury verdict in his action for medical malpractice. We reverse in part and remand in part as to taxable costs, but otherwise affirm.

BACKGROUND

T2 In March of 1991, James Coleman was diagnosed with laryngeal cancer by Dr. Kim Davis. Based upon Mr. Coleman's condition, Dr. Davis determined that two options were feasible, a total laryngectomy or, alternatively, radiation therapy. Dr. Davis concluded that a partial laryngectomy was not a reasonable treatment option. Mr. Coleman underwent radiation therapy. In February of 1992, Mr. Coleman was having difficulty breathing so he again visited Dr. Davis. Dr. Davis suggested that a tracheotomy be performed to secure Mr. Coleman's breathing passage, followed by a biopsy, and a total laryngectomy if the biopsy was positive for cancer. Dr. Davis was unable to perform the biopsy or the laryngectomy, however, because Mr. Coleman left the University of Utah ("University") hospital against medical advice.

183 Immediately after leaving University hospital, Mr. Coleman went to the Veterans' Administration ("VA") hospital At the VA hospital, he was admitted and treated for an emergency airway crisis by Dr. Braby. Dr. Braby, after examining Mr. Coleman and consulting with Dr. Davis, also recommended a biopsy followed by a total laryngectomy if the biopsy was positive. Dr. Braby did not , consider a partial laryngectomy to be a reasonable option either. Mr. Coleman refused to consent to a biopsy or total laryngectomy. Consequently, because Dr. Braby was unable to convince Mr. Coleman to consent to the biopsy and total laryngectomy, only a tracheotomy was performed.

14 Several weeks later, on March 5, 1992, Mr. Coleman went to defendant, Dr. Michael Stevens. Dr. Stevens arranged for a biopsy, and when the biopsy indicated cancer, Dr. Stevens told Mr. Coleman that a total laryngectomy was the only safe available option. Dr. Stevens did not discuss a partial laryngectomy because he felt the procedure would be detrimental or damaging to Mr. Coleman and consequently did not believe it was a reasonable alternative. Mr. Coleman consented to the total laryngecto-my.

15 Dr. Stevens performed a total laryn-gectomy on March 18, 1992. After the operation, Mr. Coleman developed a fistula in the suture line where his throat was closed. Dr.[*1124] Stevens suggested that Mr,. Coleman have the fistula closed through a procedure using the sternocleidomastoid muscle (SCM), and if this procedure was unsuccessful, perform another procedure using the pectoralis major flap (PMC). The SCM procedure did not work, so the PMC procedure was performed.

T6 Mr. Coleman sued Dr. Stevens, claiming that he should have been advised of the alternative treatment of a partial laryngecto-my and the risks associated with it as opposed to the total laryngectomy. He also asserted that Dr. Stevens negligently performed the SCM procedure. The case went to trial, and a jury returned a verdict in favor of Dr. Stevens. The district court also awarded costs to Dr. Stevens. Mr. Coleman appeals.

ANALYSIS

17 Mr. Coleman listed ten issues at the outset of his brief However, he briefed only four. "It is well established that a reviewing court will not address arguments that are not adequately briefed." State v. Thomas, 961 P.2d 299, 304 (Utah 1998); accord State v. Herrera, 895 P.2d 359, 368 n. 5 (Utah 1995) (disregarding issues not properly briefed); Utah R.App. P. 24(j). Failure to provide any analysis or legal authority constitutes inadequate briefing. See Utah R.App. P. 24(a)(9) (stating that briefs must contain reasoned analysis based upon relevant legal authority); Thomas, 961 P.2d at 305 (declaring that an issue is inadequately briefed when the "overall analysis of the issue is so lacking as to shift the burden of research and argument to the reviewing court"). As a result, we cannot, and do not, address further the issues not briefed by Mr. Coleman.

T8 The four issues briefed by Mr. Coleman are: (1) whether a person has a constitutional right to control his or her medical treatment; (2) whether a patient's right to self-determination requires the disclosure of all material information regarding proposed medical treatment; (8) whether Utah's Medical Malpractice Act, specifically Utah Code Ann. § 78-14-5 (1996), is unconstitutional; and (4) whether the district court erred in awarding costs to defendant for expert witness fees, deposition costs, and the costs of exhibits.

19 Dr. Stevens contends that Mr. Coleman should be precluded from raising the first three issues on appeal because he did not raise them before the trial court. We agree. The trial court had no opportunity to rule on any of the first three issues. Not one of these issues was raised before the trial court, and the record does not reveal any request by Mr. Coleman that they be addressed. Mr. Coleman claims in his reply brief that he should be allowed to raise these three issues for the first time on appeal because they constitute plain error or manifest injustice. However, we will not consider matters raised for the first time in the reply brief. See, eg., State v. Phathammavong, 860 P.2d 1001, 1003-04 (Utah Ct.App.1993); Utah R.App. P. 24(c). Consequently, because Mr. Coleman did not properly raise these three issues in the trial court and thereby preserve them for appellate review, and because he argued plain error or manifest injustice for the first time in his reply brief, we decline to review them.

110 The only remaining issue is whether the district court exceeded the permitted range of discretion in awarding costs to Dr. Stevens. A trial court's decision to award the prevailing party its costs is reviewed under an abuse of discretion standard. See, eg., Young v. State, 2000 UT 91, ¶ 4, 16 P.3d 549 ("This court has consistently held that a trial court's decision to award the prevailing party its costs will be reviewed under an abuse of discretion standard.") (citations omitted).

T11 We have previously stated that a party may recover deposition costs as long as the " 'trial court is persuaded that [the depositions]! were taken in good faith and, in the light of the cireumstances, appeared to be essential for the development and presentation of the case'" Highland Constr. Co. v. Union Pac. R.R., 683 P.2d 1042, 1051 (Utah 1984) (quoting Frampton v. Wilson, 605 P.2d 771, 774 (Utah 1980)), quoted in Young, 2000 UT 91 at ¶6, 16 P.3d 549. In other words,

[*1125] The trial court may award the prevailing party its costs of depositions if it finds that the depositions are taken in good faith, and are essential to the party's development and presentation of its own case, either because the depositions were used in a meaningful way at trial, or because the development of the case was of such a complex nature that the information provided in the deposition could not have been obtained through less expensive means of discovery.

Young, 2000 UT 91 at 11 28, 16 P.3d 549.

112 As in Young, the trial court here did not explain the basis for the award. The trial court's order simply says,

Having reviewed the parties' supporting Memoranda, and good cause appearing, the Motion is granted. The Court is persuaded by defendant's argument that the costs for the expert witness fees, deposition costs and jurors' exhibit binders costs were both reasonable and necessary expenses for the defense of the case and therefore allowable.

As a result, we are unable to determine whether the trial court exceeded the permitted range of discretion in awarding the amounts spent on deposition fees as costs. We remand this issue to the trial court with instructions to provide adequate supporting findings as to how the depositions were essential for the development and presentation of Dr. Stevens' case, or for revision of the award of costs consistent with this opinion.

118 Second, we reverse the award of expert witness fees. As we explained in Young, this court distinguished taxable "costs" from other "expenses" of litigation in Frampton. See Young, 2000 UT 91 at ¶15, 16 P.3d 549. As a result, some expenses of litigation are not properly taxable as costs. Expert witness fees beyond the statutory fee for appearance are expenses of litigation and not taxable as costs. See Young, 2000 UT 91 at ¶¶ 16, 18, 16 P.3d 549. We therefore conclude that the trial court exceeded the permitted range of discretion in awarding Dr. Stevens his costs for expert witness fees.

T14 Finally, we reverse the award of costs for trial exhibits. Trial exhibits are expenses of litigation and not taxable as costs. Young, 2000 UT 91 at ¶ 22, 16 P.3d 549; Frampton, 605 P.2d at 774. 'We therefore conclude that the trial court exceeded the permitted range of discretion in awarding these expenses to Dr. Stevens.

CONCLUSION

T15 For the reasons outlined above, we address only whether the trial court exceeded the permitted range of discretion in awarding deposition fees, expert witness fees, and the costs of exhibits to Dr. Stevens as taxable costs. We reverse the awards of expert witness fees and exhibit expenses and remand the award of deposition fees for supporting findings or for revision of the award consistent with this opinion. In all other respects, the judgment is affirmed.

16 Chief Justice HOWE, Associate Chief Justice RUSSON, Justice DURHAM, and Justice DURRANT concur in Justice WILKINS opinion.