[DOWNLOAD] "Dale W. Demille v. Phyllis Erickson" by Supreme Court Of Utah " eBook PDF Kindle ePub Free

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eBook details

• Title: Dale W. Demille v. Phyllis Erickson
• Author : Supreme Court Of Utah
• Release Date : January 28, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

This action arose as a consequence of a grinding head-on collision on Highway 91, approximately 15 miles south of Cedar City, Utah. There were no survivors and no eye witnesses. Plaintiff, the administrator of the estate of Terry and Constance DeMille, husband and wife, commenced this wrongful death action against the estate of Frederick Kenneth Spendlove. During the course of the trial, at the close of the evidence, both parties moved for a directed verdict. The court found that all the testimony indicated the collision between the two cars occurred near the center of the highway, but there was no question that the DeMille vehicle, operated by Terry DeMille, was two to four feet over the center line at the point of collision on a bright, clear day. The court ruled that Terry DeMille was negligent, as a matter of law, in the operation of his vehicle, i.e., he failed to keep a proper lookout and drove on the wrong side of the road, where there was an approaching automobile. However, the court submitted to the jury the issue of the negligence of Spendlove in the death of Constance DeMille. The jury returned a verdict in the amount of $23,000 for her wrongful death. Defendant appeals and seeks a reversal of the judgment of the trial court or in the alternative a new trial.

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