WHIPPLE v. AMERICAN FORK IRR. CO.

No. 940308.

910 P.2d 1218 (1996)

Lori WHIPPLE, individually and as guardian ad litem for Jennifer Whipple, Christopher Whipple, Jeff Whipple, and Kelsey Whipple, minors and heirs of John C. Whipple, deceased, Plaintiff and Appellant, v. AMERICAN FORK IRRIGATION CO., a Utah corporation, and John Does 1 through 10, Defendants and Appellees.

Supreme Court of Utah.

January 26, 1996.


Attorney(s) appearing for the Case

Fred D. Howard, Jackson Howard, Phillip E. Lowry, Provo, for plaintiff and appellant.

Thomas J. Scribner, Donald E. McCandless, Provo, for defendants and appellees.


HOWE, Justice:

Plaintiff Lori Whipple appeals from the district court's dismissal of her wrongful death action against defendant American Fork Irrigation Company. The dismissal was made under rule 12(b)(6) of the Utah Rules of Civil Procedure.

In determining whether a trial court properly dismissed an action under rule 12(b)(6), we assume that the factual allegations in the complaint are true and we draw all reasonable...

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