DeMILLE v. ERICKSON

No. 11385.

462 P.2d 159 (1969)

23 Utah 2d 278

Dale W. DeMILLE, Administrator of the Estate of Terry Lee DeMille and Constance Hope DeMille, also known as Connie DeMille, deceased, Plaintiff and Respondent, v. Phyllis ERICKSON, Administratrix of the Estate of Frederick Kenneth Spendlove, deceased, Defendant and Appellant.

Supreme Court of Utah.

November 28, 1969.


Attorney(s) appearing for the Case

Don J. Hanson, of Hanson & Garrett, Salt Lake City, John L. McCoy, Milford, for appellant.

Arthur H. Nielsen, Salt Lake City, J. Harlan Burns, Cedar City, for respondent.


CALLISTER, Justice.

This action arose as a consequence of a grinding head-on collision on Highway 91, approximately 15 miles south of Cedar City, Utah. There were no survivors and no eye witnesses. Plaintiff, the administrator of the estate of Terry and Constance DeMille, husband and wife, commenced this wrongful death action against the estate of Frederick Kenneth Spendlove. During the course of the trial, at the close of the evidence, both parties moved for a directed...

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