Utah Imputed Fault Law
 

Malea Bacon, et al. v. Wright Tree Service, et al.

Salt Lake City, Utah personal injury lawyers represented the Plaintiffs who sued on an auto negligence theory.

This case was filed in the 3rd District, Salt Lake County, 220907, and was removed by Wright Tree Service.

Utah has a comparative negligence law in place that has a 50 percent fault bar. This means that if you are at least half at fault, you will not retain anything from... More...
   $0 (04-19-2024 - UT)

Elliot Bohlar v. C.R. England

Salt Lake City, Utah personal injury truck wreck lawyers represented the Plaintiff who sued on an auto negligence theory.

Utah has a comparative negligence law in place that has a 50 percent fault bar. This means that if you are at least half at fault, you will not retain anything from the accident. If you are at less than half at fault, you will receive a partial damage award.

... More...
   $1 (03-20-2024 - UT)

Inge Boldt v. Glenn Kassel and New Prime

St. George, Utah personal injury truck wreck lawyers represented the Plaintiff who sued on an auto negligence theory.

Utah has a comparative negligence law in place that has a 50 percent fault bar. This means that if you are at least half at fault, you will not retain anything from the accident. If you are at less than half at fault, you will receive a partial damage award.

... More...
   $0 (03-18-2024 - UT)

Nichole Robinette, et al. v. Globus Medical

Salt Lake City, Utah personal injury lawyers represented the Plaintiff who sued the Defendant on a product liability law theory.

Globus Medical is a leading medical device manufacturer with the goal of improving the quality of life for patients with musculoskeletal disorders. We are inspired by the needs of these patients and by the surgeons and healthcare providers who treat them.
More...
   $1 (01-30-2024 - UT)

Kabmany April Boupha v. Swift Transportation Company of Arizona

Salt Lake City, Utah personal injury truck wreck lawyer represented the Plaintiff who sued the Defendant on an Auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.

This case was filed in the Third Judicial District, Salt Lake County, 230908165 and was removed to federal court by the Defendant.

Utah Auto Negligence Law:

"Comparati... More...
   $1 (11-21-2023 - UT)

State of Utah v. Christopher Garcia

Salt Lake City, Utah criminal defense lawyer represented Defendant charged with aggravated sexual abuse of a child.


¶2 In October 2014, Victim's mother (Mother) met Garcia on an online dating website. Mother's profile on the website indicated that she had children. A few days after making contact, the two arranged to meet in person. At their first meeting, Garcia told Mother that he... More...
   $0 (06-24-2022 - UT)

Roland Critchfield v. Blazin Wings, Inc., d/b/a Buffalo Wild Wings Grill & Bar

District of Utah Federal Courthouse - Salt Lake City, Utah

Roland Critchfield slipped and fell on the wet, soapy bathroom floor of a
Buffalo Wild Wings Bar & Grill (“Buffalo Wild Wings”) in Sandy, Utah.
Critchfield brought suit against Blazin Wings, Inc. (“Blazin”), the parent
company of Buffalo Wild Wings, asserting injuries he suffered in the slip-and-fall
*This order and judgment is not binding precedent except under the
doctrines o... More...
   $0 (07-19-2018 - UT)

STATE OF UTAH v. JOSHUA MARTIN

Utah Supreme Court

The State tried Mr. Martin on four counts of aggravated sexual abuse of a child, a first-degree felony, for sexually abusing his sisters-in-law A.L. and N.L. while occupying “a position of special trust in relation to” them. UTAH CODE § 76-5-404.1(4)(h). ¶ 7 At trial, A.L. testified that Mr. Martin had touched her vagina on four different occasions while he was supervising her; N.L. testified tha... More...    $0 (11-26-2017 - UT)

The Estate of Rose Flygare v. Ogden City and Black & McDonald, L.L.C.

¶1 After leaving an event at Peery’s Egyptian Theater late in the evening on February 16, 2013, Rose Flygare, Marjorie Bell, and a minor child (collectively, Plaintiffs1) were hit by a truck
1. Rose Flygare died during the pendency of this case and her estate was substituted as a plaintiff. Richard and Jennifer Pratt brought this action on behalf of the minor child. For ease of (continued…)More...
   $0 (09-13-2017 - UT)

Carole Marziale and James Marziale v. Spanish Fork City

¶ 1 This appeal requires us to decide whether a credit card
error that caused Carole and James Marziale’s complaint against
Spanish Fork City (the City) to be rejected means that their
complaint and the attached undertaking were not timely filed. We
affirm the court of appeals and hold that the payment error did
not affect the timeliness of the Marziales’ filing.
MARZIALE ... More...
   $0 (08-22-2017 - UT)

Robert Benda v. Roman Catholic Bishop of Salt Lake City d/b/a Catholic Diocese of Salt Lake City and Skaggs Catholic Center d/b/a Juan Diego Catholic High School

¶ 1 After a fourteen-year-old student at Juan Diego Catholic High School suffered serious and life-threatening injuries in his drama class, his parents filed a lawsuit, individually and as parents and guardians of the student. They asserted negligence and vicarious liability claims and also sought to bring a personal claim for loss of filial consortium. The district court dismissed the loss of fil... More...    $0 (08-25-2016 - UT)

Jones v. Norton

This case arises from the death of Ute Tribe member Todd R. Murray on
April 1, 2007, following a police pursuit. Murray’s parents Debra Jones and
Arden Post, on behalf of themselves and Murray’s estate, brought a 13-count
complaint in the district court alleging various constitutional violations under 42
U.S.C. § 1983, conspiracy to violate civil rights under 42 U.S.C. § 1985, and... More...
   $0 (12-29-2015 - UT)

Osguthorpe v. ASC et al,

The Osguthorpes have asserted that ASC stands in breach of contract. Their claims arise out of ASC‘s management of the land in question. In challenging ASC‘s actions, the Osguthorpes asserted claims for breach of the covenant of good faith and fair dealing, for injunctive relief, and for equitable rescission or reformation of the agreement between ASC and the Osguthorpes. The first claim was resol... More...    $0 (10-14-2015 - UT)

Flowell v. Rhodes

On May 20, 2002, Mr. Wade and Darrin Rhodes went to service the Sundown Well, which is located in Meadow, Utah.2 In
1 Mr. Wade and his wife first filed the tort suit against FEA. They added Dixie as a defendant after learning that the utility employees involved in the accident were leased by Dixie to FEA. 2 In evaluating cross-motions for summary judgment, we recite the facts in the light mo... More...
   $0 (09-26-2015 - UT)

Pang v. International Document

On appeal from a motion to dismiss, we must accept the factual allegations in the complaint as true1 and view all reasonable inferences from them in the light most favorable to the plaintiff.2 We outline the pertinent facts consistent with this standard. ¶4 Between 2009 and 2012, Mr. Pang worked as a compliance officer for Internal Document Services (IDS) and Progressive Finance. Resource Managem... More...    $0 (09-20-2015 - UT)

Helf v. Chevron

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam condensate from the refining process, which continuously flows into the pit. Before the pit is emptied, workers ensure that the pH le... More...    $0 (09-14-2015 - UT)

Raymond L. Zisumbo v. Ogden Regional Medical Center

Within a month after Raymond Zisumbo complained to his supervisor at Ogden
Regional Medical Center (ORMC) about alleged race discrimination in the workplace,
2
ORMC investigated Zisumbo for submitting apparently fraudulent letters to his
supervisor months earlier. After confirming that at least one of the letters was falsified,
ORMC terminated Zisumbo’s employment. Zisumbo sued... More...
   $0 (09-04-2015 - UT)

Helf v. Chevron,

Chevron operates an oil refinery near Salt Lake City. The refinery contains a concrete-lined, open-air pit that is used to process various liquid and solid waste products from the refinery. One of the liquid waste products collected in the pit is mildly acidic steam

Cite as: 2015 UT 81 Opinion of the Court

3

condensate from the refining process, which continuously f... More...
   $0 (09-04-2015 - UT)

Innosys v. Mercer






¶4 In January of 2008, immediately following Amanda Mercer‘s graduation from the University of Utah, InnoSys hired her as an engineer. Per its standard practice, InnoSys had Mercer sign a non-disclosure agreement (NDA). By signing, Mercer promised not to ―copy, transm... More...
   $0 (09-01-2015 - UT)

Wash. Co. Sch. Dist. v. Lbr Comm'n and Steven H. Brown

In January 2003, Steven Brown, suffered a back injury when he fell down the steps of his bus while at work as a school bus driver for the Washington County School District (School District). This injury required medical treatment and eventual spinal surgery. He received workers‘ compensation for this injury. Subsequently, in September 2007, Mr. Brown was reinjured when a child jumped on his back a... More...    $0 (08-26-2015 - UT)

Edward Swabb v. Zagg, Inc.

Plaintiffs appeal the district court’s dismissal of a securities class action against
ZAGG, Inc. and its former CEO and Chairman, Robert Pedersen, alleging violations
of the antifraud provisions of the securities laws. The plaintiffs allege Pedersen failed
to disclose in several of ZAGG’s SEC filings the fact that he had pledged nearly half
of his ZAGG shares, amounting to approxim... More...
   $0 (08-18-2015 - UT)

Pang v. International Document

On appeal from a motion to dismiss, we must accept the factual allegations in the complaint as true1 and view all reasonable inferences from them in the light most favorable to the plaintiff.2 We outline the pertinent facts consistent with this standard. ¶4 Between 2009 and 2012, Mr. Pang worked as a compliance officer for Internal Document Services (IDS) and Progressive Finance. Resource Managem... More...    $0 (08-12-2015 - UT)

Robinson v. Paul Ray Taylor, M.D. et al.

Dr. Taylor began treating Mr. Robinson in 2003 for chronic back pain and degenerative disc disease. Over the next three years, Dr. Taylor prescribed various pain medications to treat Mr. Robinson’s pain, including methadone, Lortab, and Demerol. Mr.
1 Dr. Taylor also challenges the trial court’s decision allowing the jury to consider punitive damages and its refusal to apply the health car... More...
   $0 (08-12-2015 - UT)

UTA v. Greyhound

We have long strictly construed contractual provisions that call for one party to indemnify another, requiring that such provisions clearly and unequivocally manifest the intent to do so. In this case, we are asked to consider whether we should also strictly construe a contractual provision requiring one party to procure insurance for the benefit of another. ¶2 We conclude that while an agreement... More...    $0 (07-31-2015 - UT)

R. Wayne Klein v. William R. Cornelius

This is an appeal from the district court’s grant of summary judgment to the
court-appointed receiver for Winsome Investment Trust, a business entity whose
founder, Robert J. Andres, caused it to illegally distribute funds as part of a Ponzi
scheme. The court found that Andres had fraudulently transferred funds from
Winsome to William T. Cornelius and his law firm, Cornelius & Sa... More...
   $0 (05-27-2015 - UT)

Tiffany Begum v. Anthony Begum

¶1 Tiffany Begum (Wife) appeals from the district court’s final judgment in the divorce action between herself and Anthony Begum (Husband). We affirm.
¶2 Husband and Wife married in 1989. Wife petitioned for a divorce in August 2008. A domestic relations commissioner issued temporary orders granting physical custody of the parties’ minor children to Wife. The commissioner ordered Husband... More...
   $0 (03-19-2015 - UT)

Michelle Coroles v. State of Utah, University Health Care, University of Utah State Hospitals and Community, Parkway Health Center, University of Utah Medical Center and University of Utah Health Sciences

¶1 In this medical malpractice suit, the district court struck two sets of proposed expert witnesses retained by the plaintiff. The court struck the first set of witnesses because the plaintiff’s attorney revealed confidential information to them about the proceedings before a mandatory prelitigation panel. The court also struck two replacement expert witnesses because they were designated afte... More...    $0 (04-21-2015 - UT)

Monica Cecilia Cook v. Department of Commerce, Division of Occupational and Professional Licensing and Board of Nursing

¶1 Monica Cecilia Cook challenges the Department of Commerce’s decision to revoke her Advanced Practice Registered Nurse (APRN) license, revoke her license to prescribe and administer controlled substances, and fine her $5,000 for unprofessional conduct. We approve the decision as to the unprofessional-conduct determination and the fine, but we set aside the Department’s revocation of her lic... More...    $0 (03-19-2015 - UT)

Tiffany Begum v. Anthony Begum

¶1 Tiffany Begum (Wife) appeals from the district court’s final judgment in the divorce action between herself and Anthony Begum (Husband). We affirm.
¶2 Husband and Wife married in 1989. Wife petitioned for a divorce in August 2008. A domestic relations commissioner issued temporary orders granting physical custody of the parties’ minor children to Wife. The commissioner ordered Husband... More...
   $0 (03-19-2015 - UT)

Kris Solis v. Burningham Enterprises, Inc.

¶1 Kris Solis appeals from a jury verdict in favor of Burningham Enterprises Inc. and Raymond Alan Davis (collectively, Defendants). Solis argues the trial court exceeded its discretion in ruling that she failed to disclose an expert witness and, on this basis, excluded the expert’s testimony. Additionally, Solis argues the trial court exceeded its discretion by refusing to extend the disclosur... More...    $0 (01-15-2015 - UT)

State of Utah v. Theodore James Samul

¶1 Theodore James Samul appeals from an amended sentence
and from the dismissal of his motion to withdraw his 2003 guilty
pleas. We affirm in part and reverse in part and remand.
1. The Honorable Russell W. Bench, Senior Judge, sat by special
assignment as authorized by law. See generally Utah R. Jud. Admin.
11-201(6).
State v. Samul
BACKGROUND
¶2 Samul was charge... More...
   $0 (01-29-2015 - UT)

Tamara Christian v. Brian Daniel Christian

¶ 1 Brian Daniel Christian (Husband) and Tamara Christian (Wife) divorced in 2013. Wife appeals, asserting five claims of error in distributing the marital estate. We affirm in part and reverse in part.
¶ 2 First, Wife contends that the district court ‚abused its discretion by failing to follow the statutor[ily] required analysis to impute income.‛ Because this issue requires statutory i... More...
   $0 (12-04-2014 - UT)

Cecil Blaine Ralphs v. The Honorable Clark A. McClellan and The State of Utah

¶1 This case comes to us on a petition for extraordinary relief from a case originating in justice court. The underlying justice court proceedings involved misdemeanor charges against Cecil Ralphs under lewdness provisions of the criminal code. An earlier lewdness case culminated in a conviction in justice court in 2010. When Ralphs was subject to further lewdness charges in 2011 and 2012, he was... More...    $0 (08-29-2014 - UT)

Andrew LeBeau v. State of Utah

¶1 On certiorari, petitioner Andrew LeBeau asks us to
consider whether the court of appeals erred in affirming the district
court’s imposition of a sentence of life without the possibility of
parole following Mr. LeBeau’s conviction for aggravated kidnapping
pursuant to Utah Code section 76-5-302. Mr. LeBeau’s conviction
stems from a domestic dispute triggered by Mr. LeB... More...
   $0 (09-19-2014 - UT)

Cecil Blaine Ralphs v. The Honorable Clark A. McClellan

¶1 This case comes to us on a petition for extraordinary relief from a case originating in justice court. The underlying justice court proceedings involved misdemeanor charges against Cecil Ralphs under lewdness provisions of the criminal code. An earlier lewdness case culminated in a conviction in justice court in 2010. When Ralphs was subject to further lewdness charges in 2011 and 2012, he was... More...    $0 (08-29-2014 - UT)

Chris Hogan v. Michael K. Winder, et al.

Chris Hogan lost his job with the Utah Telecommunications Open
Infrastructure Agency, or “UTOPIA,” a state agency charged with upgrading
high-speed internet access. Claiming he was fired for revealing a conflict of
interest in contract awards, he threatened to sue the agency for wrongful
termination. Shortly after making this threat, he was subject to several
unflattering m... More...
   $0 (08-06-2014 - UT)

Dayle Chelane Hansen v. Thaine S. Hansen

¶1 Thaine S. Hansen (Husband) appeals the trial court’s ruling
on his petition to modify his divorce decree, which ordered him to
pay Dayle Chelane Hansen (Wife) alimony in the amount of $872
per month. We remand for clarification of the trial court’s order
with respect to the retroactivity of the alimony award, but in all
other respects, we affirm the trial court’s judg... More...
   $0 (04-24-2014 - UT)

Michael D. Wright v. PK Transport, Paradise Turf and Richard Riding

¶1 Michael D. Wright appeals from the district court’s grant of
summary judgment in favor of defendants Paradise Turf and
Richard Riding (Appellees). We affirm.
¶2 The underlying cause of action involves a negligence claim
stemming from a car accident that occurred on September 26, 2003.
Wright v. PK Transport
2. “Because we are reviewing a grant of summary judgment, ... More...
   $0 (04-24-2014 - UT)

Salt Lake City v. Thamer Jaber Almansor

¶1 Thamer Jaber Almansor appeals his conviction for misdemeanor sexual battery on three grounds. First, he contends that the trial court committed plain error in failing to adequately question a potential juror, who later became the jury foreperson, during voir dire. Second, Almansor argues that the trial court either abused its discretion or committed plain error when it proceeded to trial despi... More...    $0 (04-24-2014 - UT)

State of Utah v. Milan Otkovic

¶1 Milan Otkovic challenges his convictions and sentences for
aggravated kidnapping, a first degree felony, Utah Code Ann. § 76-
5-302(1), (3) (LexisNexis Supp. 2013),1 and aggravated robbery, a
first degree felony, id. § 76-6-302(1)–(2) (2012). We reverse and
remand for a new trial.
State v. Otkovic
2. “On appeal, we recite the facts from the record in the light mos... More...
   $0 (03-13-2014 - UT)

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