Category: Utah Court Opinions

The WORLD PEACE MOVEMENT OF AMERICA, an unincorporated association, and Israel K. Malupo, Plaintiffs and Appellants, v. NEWSPAPER AGENCY CORPORATION, INC., Defendant and Appellee. No. 920507.Supreme Court of Utah. July 27, 1994. Appeal from the District Court, Salt Lake County, Homer F. Wilkinson, J. Page 254 Brian M. Barnard, John Pace, Salt Lake City, for […]

612 P.2d 341 AIRD INSURANCE AGENCY, A UTAH CORPORATION, PLAINTIFF AND APPELLANT, v. ZIONS FIRST NATIONAL BANK, DEFENDANT AND RESPONDENT. No. 16539.Supreme Court of Utah. May 22, 1980. Appeal from the Third District Court, Salt Lake County, Christine M. Durham, J. Page 342 Clifford V. Dunn, Salt Lake City, for plaintiff and appellant. Gifford W. […]

504 P.2d 1022 Norman B. CRAM, Plaintiff and Respondent, v. Locklan CRAM, Defendant and Appellant. No. 12943.Supreme Court of Utah. December 27, 1972. Appeal from the Sixth District Court, Kane County, Ferdinand Erickson, J. Michael W. Park, Cedar City, for defendant-appellant. Irene Warr, of Cotro-Manes, Warr, Fankhauser Beasley, Salt Lake City, for plaintiff-respondent. CROCKETT, Justice: […]

23 P.2d 925 ELSWOOD v. OREGON SHORT LINE R. CO. No. 4951.Supreme Court of Utah. Decided July 12, 1933. 1. APPEAL AND ERROR. In deciding whether case was properly submitted to jury, Supreme Court must view evidence in light most favorable to plaintiff. 2. COURTS. In action under Federal Employers’ Liability Act, law announced by […]

222 P.3d 1192 Maria LOPEZ, Plaintiff and Appellant, v. UNITED AUTOMOBILE INSURANCE COMPANY; and El Sol Insurance Agency, LLC, Defendants and Appellees. No. 20080846-CA.Utah Court of Appeals. December 24, 2009. Appeal from the Third District, West Jordan Department, Terry L. Christiansen. Page 1193 Daniel F. Bertch and Kevin K. Robson, Salt Lake City, for Appellant. […]

676 P.2d 403 DANIEL S. DAY, PLAINTIFF AND APPELLANT, v. JIM PANOS AND ROXANNE PANOS, DEFENDANTS AND RESPONDENTS. No. 18920.Supreme Court of Utah. January 17, 1984. Page 404 Appeal from the Third District Court, Salt Lake County, Ernest F. Baldwin, J. Scott R. Wangsgard, West Valley City, for plaintiff and appellant. F. Robert Bayle, Salt […]

771 P.2d 1110 PRO-BENEFIT STAFFING, INC., PLAINTIFF, v. BOARD OF REVIEW OF THE INDUSTRIAL COMMISSION OF UTAH, DEPARTMENT OF EMPLOYMENT SECURITY, DEFENDANT. No. 880288-CA.Utah Court of Appeals. April 7, 1989. Page 1111 Petition for review from the Board of Review of the Industrial Commission and of the Department of Employment Security. Stephen W. Cook, Midvale, […]

425 P.2d 403 VERDA LYNN DBA LYNN REALTY AND UNITED FARM AGENCY, INC., A UTAH CORPORATION, PLAINTIFFS AND RESPONDENTS, v. K.C. RANCHES, INC., A UTAH CORPORATION, DEFENDANT AND APPELLANT. No. 10611.Supreme Court of Utah. March 21, 1967. Appeal from the Third District Court, Salt Lake County, Stewart M. Hansen, J. Spafford Young, Gaylen S. Young, […]

318 P.2d 642 LOWELL E. PARRISH, PLAINTIFF AND RESPONDENT, v. THEODORE H. TAHTARAS, AND JOSEPHINE TAHTARAS, DEFENDANTS AND APPELLANTS. No. 8514.Supreme Court of Utah. November 26, 1957. Appeal from the Third District Court, Salt Lake County, J.G. Jeppson, J. Page 88 Bernard L. Rose, A.H. Hougaard, Salt Lake City, for appellants. Pugsley, Hayes Rampton, Salt […]

State v. Mitchell. No. 20100583.Supreme Court of Utah. August 26, 2010. Appeal from the 100410. Petitions for Certiorari Denied.

William C. SELVAGE and Wm. C. Selvage, Inc., a Utah corporation, Plaintiffs, Appellants, and Cross-Appellees, v. J.J. JOHNSON ASSOCIATES, a Utah corporation; Sear-Brown Associates, a New York corporation; and The Sear-Brown Group, Inc., a New York corporation, Defendants, Appellees, and Cross-Appellants. No. 950240-CA.Utah Court of Appeals. January 19, 1996. Page 1253 [EDITORS’ NOTE: THIS PAGE […]

164 P.3d 366 Nevin PRATT and Denise Pratt, Plaintiffs and Petitioners, v. Mary Ann NELSON (Roe); Douglas F. White; John Dustin Morris; William A. Mark; McKay, Burton, Thurman, P.C.; and Does 1-200, Defendants and Respondents. No. 20051167.Supreme Court of Utah. May 18, 2007. Appeal from the District Court, Second District, Farmington Department, Michael G. Allphin, […]

411 P.2d 838 UTAH SAVINGS LOAN ASSOCIATION, A CORPORATION, PLAINTIFF AND RESPONDENT, v. JAMES D. NUNLEY AND MARY V. NUNLEY, HIS WIFE, AND DOMENICO CORPORATION, FIRST DOE, SECOND DOE, AND THIRD DOE, DEFENDANTS AND APPELLANTS. No. 10451.Supreme Court of Utah. March 8, 1966. Appeal from the Third District Court, Salt Lake County, Marcellus K. Snow, […]

104 P.2d 353 SPANISH FORK WEST FIELD IRR. CO. et al. v. DISTRICT COURT OF SALT LAKE COUNTY et al. No. 6164.Supreme Court of Utah. Decided July 10, 1940. WATERS AND WATER COURSES. In suit for determination of water rights, district court had jurisdiction to proceed as provided by statute dealing with the determination of […]

560 P.2d 325 S. BAUMGAERTEL AND P. BENNION, PLAINTIFFS AND RESPONDENTS, v. SALT LAKE COUNTY, A BODY CORPORATE AND POLITIC OF THE STATE OF UTAH, ET AL., DEFENDANTS AND APPELLANTS. No. 14550.Supreme Court of Utah. January 27, 1977. Appeal from the Third District Court, Salt Lake County, Gordon R. Hall, J. Page 326 [EDITORS’ NOTE: […]

Lois FIELD, Plaintiff and Appellant, v. The BOYER COMPANY, L.C., a Utah limited liability company; The Boyer Company of Idaho, Inc., a Utah corporation; Mervyn’s, a California corporation; James McGuire, Security Manager, Brickyard Plaza; Jefrey B. Hatch; Wilda Gene Hatch; Diane G. Orr; and John Does A through K, Defendants and Appellees. No. 960437.Supreme Court […]

820 P.2d 920 STATE OF UTAH, PLAINTIFF AND APPELLEE, v. GEORGE B. ARCHAMBEAU, DEFENDANT AND APPELLANT. No. 900564-CA.Utah Court of Appeals. October 16, 1991. Appeal from the Third District Court, Salt Lake County, Kenneth Rigtrup, J. Page 921 Joan Watt and Elizabeth Holbrook (argued), Salt Lake City, for defendant and appellant. R. Paul Van Dam, […]

232 P.3d 1059 Wendy GUDMUNDSON and Kay Gudmundson, Plaintiffs and Appellants, v. DEL OZONE; OzoneSolutions, L.C.; Johnson Controls, Inc.; and John and Jane Does 1-10, Defendants and Appellees. No. 20080537.Supreme Court of Utah. May 14, 2010. Appeal from the Third District, Salt Lake County, Denise P. Lindberg, J. Page 1060 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

STATE v. BRADSHAW. No. 20040975.Supreme Court of Utah. February 16, 2005. Appeal from the 99 P.3d 359. Petition for certiorari granted.

669 P.2d 390 HEBER D. NELSON AND CAROL K. NELSON, PLAINTIFFS AND RESPONDENTS, v. RICHARD W. STOKER AND LANAE S. STOKER, HIS WIFE; TOM DARNELL AND DIANE TRUSCOTT; RAY QUINTANA, DBA SILVER WAY; THE STATE OF UTAH DEPT. OF SOCIAL SERVICES AND PATRICIA KUNZ, DEFENDANTS AND APPELLANTS. No. 18244.Supreme Court of Utah. August 1, 1983. […]

436 P.2d 797 CLYDE REAVELEY, DBA REAVELEY TRUCKING COMPANY, PLAINTIFF, v. PUBLIC SERVICE COMMISSION OF UTAH AND HAL S. BENNETT, DONALD HACKING, AND DONALD T. ADAMS, COMMISSIONERS OF THE PUBLIC SERVICE COMMISSION OF UTAH; LINK TRUCKING, INC., AND UINTAH FREIGHTWAYS, DEFENDANTS. No. 10909.Supreme Court of Utah. January 22, 1968. Page 238 Lynn S. Richards, Lon […]

256 P.2d 706 GIBBONS REED CO. v. GUTHRIE et al. No. 7850.Supreme Court of Utah. Decided May 7, 1953. Action for monies expended under alleged oral agreement to do exploratory work on certain uranium mining claims which plaintiff had option to lease, and to furnish equipment and personnel for such project, wherein defendants counterclaimed for […]

TRANSAMERICA CASH RESERVE, INC., a Maryland Corporation, and First National Bank of Boston, Plaintiffs, v. Darrell G. HAFEN; Transworld Securities, S.A., a Corporation, Does 1 through 100 inclusive; and Dixie Power and Water, Inc., Defendants. No. 20450.Supreme Court of Utah. August 5, 1986. Appeal from the Fifth District Court, Washington County, J. Harlan Burns, J. […]

Charles C. ENGLERT and Jo Ann Englert, husband and wife, Plaintiffs and Appellants, v. Henry E. ZANE and Dorothy G. Zane, husband and wife; and John A. McNeil and Kathy McNeil, husband and wife, Defendants and Appellees. No. 920448-CA.Utah Court of Appeals. February 18, 1993. Appeal from the Fifth District Court, Washington County, J. Philip […]

STATE of Utah, Plaintiff and Appellant, v. Angelo GIRON, Defendant and Appellee. No. 960203-CA.Utah Court of Appeals. July 1, 1997. Appeal from the Third District Court, Salt Lake Department, Division I, William B. Bohling, J. Page 1115 Jan Graham and Kenneth A. Bronston, Salt Lake City, for Plaintiff and Appellant. Linda M. Jones, Salt Lake […]

689 P.2d 27 LYNN HASLEM AND JOAN H. HASLEM, PLAINTIFFS AND APPELLANTS, v. LELAND B. OTTOSEN; AGNES D. OTTOSEN, AKA AGNES DOT OTTOSEN; HIS WIFE; LELAND B. OTTOSEN TRUST; AGNES DOT OTTOSEN TRUST; AND BOW VALLEY PETROLEUM, INC., A CORPORATION, DEFENDANTS AND RESPONDENTS. No. 18749.Supreme Court of Utah. September 10, 1984. Appeal from the Seventh […]

34 P.3d 234 State of Utah, Petitioner, v. Honorable W. Brent West, Respondent. Case No. 20010707-CA.Utah Court of Appeals. Filed September 20, 2001. Original Proceeding in this Court Mark L. Shurtleff and Laura B. Dupaix, Salt Lake City, for Petitioner. Brent M. Johnson, Salt Lake City, for Respondent. Before Judges Bench, Orme, and Thorne. MEMORANDUM […]

179 P.3d 768 WASATCH COUNTY, a body politic of the State of Utah, Plaintiff and Respondent, v. E. Ray OKELBERRY, Brian Okelberry, Eric Okelberry, West Daniels Land Association, Utah Division of Wildlife Resources, and John Does 1-25, Defendants and Petitioners. No. 20070011.Supreme Court of Utah. February 12, 2008. Page 769 [EDITORS’ NOTE: THIS PAGE CONTAINS […]

744 P.2d 1375 STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. DENNIS PAUL KAUS, DEFENDANT AND APPELLANT. No. 20360.Supreme Court of Utah. October 29, 1987. Appeal from Seventh District Court, Richard C. Davidson, Judge. JoAnn B. Stringham, Vernal, for defendant and appellant. David L. Wilkinson, Sandra L. Sjogren, Salt Lake City, for plaintiff and respondent. Page […]

530 P.2d 3 JIM JENSEN ET AL., PLAINTIFFS AND RESPONDENTS, v. SALT LAKE COUNTY BOARD OF COMMISSIONERS ET AL., DEFENDANTS AND APPELLANTS. BLANCHE PARSONS ET AL., PLAINTIFFS AND RESPONDENTS, v. SALT LAKE COUNTY BOARD OF COMMISSIONERS ET AL., DEFENDANTS AND APPELLANTS. No. 13682.Supreme Court of Utah. December 20, 1974. Appeal from the Third District Court, […]

269 P.2d 284 AUSTAD v. AUSTAD. No. 8068.Supreme Court of Utah. April 13, 1954. Appeal from the Second District Court, Weber County, John A. Hendricks, J. Page 50 Wilson Wilson, Ogden, for appellant. Max D. Lamph, Lawrence Roland Anderson, Ogden, for respondent. CROCKETT, Justice. This appeal is from a judgment in proceedings supplemental to divorce. […]

200 P.3d 218 Linda Lee HYMAS, Petitioner, v. LABOR COMMISSION, SOS Staffing/Hyclone, and/or Insurance Company of the State of Pennsylvania, Respondents. No. 20070875-CA.Utah Court of Appeals. December 26, 2008. Page 219 Marlin J. Grant, Logan, for Petitioner. Alan L. Hennebold, Salt Lake City, for Respondent Labor Commission. Mark D. Dean and Kristy L. Bertelsen, Salt […]

712 P.2d 244 LLOYD E. LARSON, PLAINTIFF AND APPELLANT, v. FRED SCHWENDIMAN, DIRECTOR, DRIVERS LICENSE DIVISION, STATE OF UTAH, DEFENDANT AND RESPONDENT. No. 20186.Supreme Court of Utah. December 12, 1985. Appeal from the Third District Court, Salt Lake County, Philip R. Fishler, J. Phil L. Hansen, Salt Lake City, for plaintiff and appellant. David L. […]

671 P.2d 160 J. KEITH ROGERS, PLAINTIFF AND RESPONDENT, v. JUANITA TAFT ROGERS, DEFENDANT AND APPELLANT. No. 17570.Supreme Court of Utah. September 21, 1983. Appeal from the 4th District Court, Utah County, George E. Ballif, J. Page 161 Harold G. Christensen, Richard K. Crandall, Salt Lake City, for defendant and appellant. M. Dayle Jeffs, Provo, […]

49 P.2d 958 JENSON v. S.H. KRESS CO. No. 5487.Supreme Court of Utah. Decided October 11, 1935. 1. NEGLIGENCE. Where customer was injured by coming in contact with splinter of glass projecting from showcase in defendant’s store and it was not shown how or when glass was cracked, doctrine of res ipsa loquitur could not […]

State v. Tiliaia. No. 20070093.Supreme Court of Utah. April 20, 2007. Appeal from the 153 P.3d 757. Petitions For Certiorari Denied.

78 P.3d 600 James D. Nielsen, Plaintiff and Appellant, v. Gold’s Gym and Troy Peterson Associates, Defendants and Appellees. No. 20010510.Supreme Court of Utah. Filed September 16, 2003. Appeal from the Fourth District, Provo Dep’t, The Honorable Anthony W. Schofield. Don R. Petersen and Leslie W. Slaugh, Provo, for plaintiff. Brian C. Harrison, Provo, for […]

UTAH COUNTY, a body politic, By and Through the COUNTY BOARD OF EQUALIZATION OF UTAH COUNTY, State of Utah, Plaintiff, v. INTERMOUNTAIN HEALTH CARE, INC., and Tax Commission of the State of Utah, Defendants. No. 18565.Supreme Court of Utah. September 16, 1986. Appeal from the Supreme Court, Stewart, J. Page 1358 Noall T. Wootton, Lynn […]

744 P.2d 1012 WALTER WAGONER, PLAINTIFF AND APPELLANT, v. WATERSLIDE INCORPORATED, DBA BURCH CREEK WATERSLIDE, DEFENDANT AND RESPONDENT, v. GREAT BASIN ENGINEERING, THIRD-PARTY DEFENDANT. No. 860092-CA.Utah Court of Appeals. October 26, 1987. Appeal from the Second District Court, Weber County, John Walquist, J. James R. Hasenyager, Marquardt, Hasenyager Custen, Ogden, for plaintiff and appellant. Roger […]

221 P.3d 867 LD III, LLC, Plaintiff and Appellant, v. BBRD, LC, a Utah limited liability company; Richard W. Davis, an individual; Mountain West Title Company; and BBRD, Inc., Defendants and Appellees. No. 20080839-CA.Utah Court of Appeals. October 22, 2009. Appeal from the District Court, Provo Department, Fred D. Howard, J. Page 868 [EDITORS’ NOTE: […]

381 P.2d 81 STATE OF UTAH, PLAINTIFF AND RESPONDENT, v. TERRY JAY HODGES, DEFENDANT AND APPELLANT. No. 9813.Supreme Court of Utah. May 2, 1963. Appeal from the First District Court, Cache County, Lewis Jones, J. Preston Harris, Logan, for appellant. Page 198 A. Pratt Kesler, Atty. Gen., Stephen L. Johnston, Asst. Atty. Gen., Salt Lake […]

409 P.2d 388 HOME ELECTRIC CORPORATION, PLAINTIFF AND RESPONDENT, v. GEORGE RUSSELL ET UX., DEFENDANTS AND RESPONDENTS. GEORGE RUSSELL ET UX., THIRD-PARTY PLAINTIFFS AND RESPONDENTS, v. PACIFIC MUTUAL LIFE INSURANCE CO. ET AL., THIRD-PARTY DEFENDANTS AND APPELLANTS. KENNETH E. SMITH COMPANY, PLAINTIFF AND RESPONDENT, v. GEORGE R. RUSSELL ET UX., DEFENDANTS AND RESPONDENTS. GEORGE R. […]

Janna GRIFFITH, Plaintiff and Appellant, v. David Gary GRIFFITH, Defendant and Appellee. No. 970123-CA.Utah Court of Appeals. June 4, 1998. Appeal from the Third District Court, Toele Department, Lee Dever, J. Page 1016 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 1017 […]

542 P.2d 189 ALFRED RIDGE, JR., PLAINTIFF AND RESPONDENT, v. RUTH MARIE RIDGE, DEFENDANT AND APPELLANT. No. 14058.Supreme Court of Utah. November 3, 1975. Page 190 Cullen Y. Christensen, of Christensen, Taylor Moody, Provo, for defendant-appellant. S. Rex Lewis, of Howard, Lewis Peterson, Provo, for plaintiff-respondent. TUCKETT, Justice: A divorce decree was modified by the […]

STATE of Utah, Plaintiff and Appellee, v. Kevin H. MAGEE, Defendant and Appellant. STATE of Utah, Plaintiff and Appellee, v. Lezlie MAGEE, Defendant and Appellant. Nos. 910604-CA, 910582-CA.Utah Court of Appeals. September 4, 1992. Rehearing Denied October 2, 1992. Appeal from the Second District Court, Davis County, Rodney S. Page, J. D. Bruce Oliver (argued), […]

442 P.2d 933 Richard L. ANDERSON, Plaintiff and Appellant, v. BENEFICIAL FIRE AND CASUALTY COMPANY, Defendant and Respondent. No. 11067.Supreme Court of Utah. June 20, 1968. Appeal from the Third District Court, Salt Lake County, Stewart M. Hanson, J. Page 174 Robert W. Hughes, Salt Lake City, for appellant. R. M. Child, of Ray, Quinney […]

225 P.3d 880 Pacific West v. Grantsville. No. 20090946.Supreme Court of Utah. January 20, 2010. Appeal from the 221 P.3d 280. Petitions for Certiorari Denied.

242 P.3d 805 The FREDERICK AND DOROTHY WESTLING FAMILY TRUST; Joy Greenwood, Co-Trustee; and Ellen Hardman, Co-Trustee, Plaintiffs and Appellants, v. Mark WESTLING, Defendant and Appellee. Dorothy Westling, Intervenor and Appellee. No. 20090970-CA.Utah Court of Appeals. October 21, 2010. Appeal from the District Court, Salt Lake Department, Tyrone E. Medley, J. Page 806 Michael A. […]

261 P.3d 106 Robert Keith LEVIN, Petitioner and Appellee, v. Hope M. CARLTON-LEVIN, Respondent and Appellant. No. 20110499-CA.Utah Court of Appeals. August 25, 2011. Seventh District, Moab Department, 054700107; The Honorable Lyle R. Anderson. Joann S. Secrist-Bess, Parowan, for Appellant. Joshua K. Peterman, Salt Lake City, for Appellee. Before Judges ORME, VOROS, and ROTH. DECISION […]

584 P.2d 859 GILBERT CAPSON AND LINDA CAPSON, PLAINTIFFS AND APPELLANTS, v. A.J. DEAN READY MIX CONCRETE COMPANY, DEFENDANT AND RESPONDENT. No. 15431.Supreme Court of Utah. September 6, 1978. Appeal from the Third District Court, Salt Lake County, David B. Dee, J. Boyd M. Fullmer of Fullmer Harding, Salt Lake City, for plaintiffs and appellants. […]

147 P.2d 319 HANDLEY v. MUTUAL LIFE INS. CO. OF NEW YORK No. 6626.Supreme Court of Utah. Decided March 15, 1944. 1. INSURANCE. “Direct result,” within provision of life policy for payment of double indemnity for insured’s death as direct result of accidental injury, does not mean immediate result of injury, but it is sufficient […]

STATE v. BECKSTEAD. No. 20041023.Supreme Court of Utah. February 10, 2005. Appeal from the 100 P.3d 267. Petition for certiorari granted.

184 P.2d 670 LUNDGREEN v. LUNDGREEN. No. 7009.Supreme Court of Utah. Decided September 23, 1947. 1. APPEAL AND ERROR. CONTINUANCE. Refusal of continuance on motion of defendant, who was well represented, in absence of her attorney, by another member of his firm, had ample opportunity to present her case, and was not shown to have […]

372 P.2d 985 DENNIS J. HARVEY, BY HIS GUARDIAN AD LITEM, CHARLES R. HARVEY, PLAINTIFF AND APPELLANT, v. DEAN J. HADFIELD, D/B/A HADFIELD’S, DEFENDANT AND RESPONDENT. No. 9597.Supreme Court of Utah. June 28, 1962. Appeal from the First District Court, Cache County, Lewis Jones, J. Page 259 Daines Thomas, Logan, for appellant. Olson Calderwood, Logan, […]

315 P.2d 859 SALT LAKE CITY LINES, A CORPORATION, PLAINTIFF AND APPELLANT, v. SALT LAKE CITY, DEFENDANT AND RESPONDENT. No. 8654.Supreme Court of Utah. September 27, 1957. Page 429 Appeal from the Third Judicial District Court, Salt Lake County, Stewart M. Hanson, J. Page 430 Pugsley, Hayes Rampton, Salt Lake City, for appellant. Homer Holmgren, […]