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eBook details

• Title: Don Nixon v. Salt Lake City Corporation
• Author : Supreme Court of Wisconsin
• Release Date : January 07, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Plaintiff Don Nixon appeals from a post-verdict judgment of the Third District Court denying him any recovery in his personal-injury action brought against Salt Lake City Corporation ("SLC"). At the Conclusion of the trial, the jury apportioned the relative fault for Nixons injuries as follows: Nixon, 42%; defendant SLC, 29%; and Calhoun Maintenance of Utah, Inc. ("Calhoun"), Nixons employer, 29%. Nixons employer was on the special verdict form only for the purpose of apportioning fault for the injury, as it was immune from suit under section 35-1-60 of the Utah Workers Compensation Act. See Sullivan v. Scoular Grain Co. of Utah, 853 P.2d 877, 878 (Utah 1993) (holding that "jury [must] account for the relative proportion of fault of a plaintiffs employer that may have caused or contributed to an accident, even though the employer is immune from suit"); Dahl v. Kerbs Constr. Corp., 853 P.2d 887, 888 (Utah 1993) (same). The district court concluded that because of the jurys finding that Nixons fault exceeded the fault of SLC, Nixon could not recover under sections 78-27-37(1) and 78-27-38 of the Utah Liability Reform Act ("LRA"). We reverse.

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