Bunker ex rel. Mecham v. Mohlman

Utah Supreme Court May 1, 1984

Bunker ex rel. Mecham v. Mohlman, 692 P.2d 733 (Utah 1984)

1984 Utah LEXIS 828

Christoffersen, Does, Durham, Hall, Herein, Howe, Oaks, Stewart

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.

Reference

Full Case Name: Melissa BUNKER, By and Through her general guardian, Karen MECHAM v. Ted MOHLMAN, Defendant-Respondent
Status: Published