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BROWN v. FRANDSEN

No. 10687.

19 Utah 2d 116 (1967)

426 P.2d 1021

MARJORIE BROWN AND JOYCE BROWN, SHARON BROWN AND LINDA MAE BROWN, MINORS, BY AND THROUGH THEIR GUARDIAN AD LITEM, HERBERT BROWN, JR., PLAINTIFFS AND APPELLANTS, v. ALAN D. FRANDSEN, ADMINISTRATOR OF THE ESTATE OF NATHAN BREWER, DECEASED, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

April 26, 1967.

Attorney(s) appearing for the Case

George E. Bridwell, Salt Lake City, Melvin M. Belli, San Francisco, Cal., for appellants.

Skeen, Worsley, Snow & Christensen, John H. Snow, Salt Lake City, for respondent.

KELLER, District Judge:

This is an appeal from a summary judgment dismissing the plaintiffs' action for personal injuries brought against the administrator of the estate of their host driver, who was killed in the same accident. They contend that he was guilty of wilful misconduct in going to sleep while driving.1

The facts as found by the trial court are briefly summarized as follows: On the afternoon of September 16, 1959, Nathan...

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