Utah Supreme Court, 1984

Bunker ex rel. Mecham v. Mohlman

Utah Supreme Court · Decided May 1, 1984 · Christoffersen, Does, Durham, Hall, Herein, Howe, Oaks, Stewart

692 P.2d 733; 1984 Utah LEXIS 828 (Pacific Reporter, Second Series)

Opinion of the Court

STEWART, Justice:

This is an appeal from a summary judgment dismissing the plaintiffs action. The judgment of the trial court was based upon the Utah Guest Statute, U.C.A., 1953, § 41-9-1. In light of Malan v. Lewis, Utah, 693 P.2d 661 (1984), the judgment of the trial court is vacated and the matter remanded for a trial on the merits. Costs to appellant.

HALL, C.J., OAKS and HOWE, JJ., and VENOY CHRISTOFFERSEN, District Judge, concur. DURHAM, J., does not participate herein.

CHRISTOFFERSEN, District Judge, sat.

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