KELLER v. PATRAKIS

No. 11834.

471 P.2d 159 (1970)

24 Utah 2d 338

Maartin W. KELLER and Joan Keller, Plaintiffs and Appellants, v. Maxine PATRAKIS, Defendant and Respondent.

Supreme Court of Utah.

July 6, 1970.


Attorney(s) appearing for the Case

Kipp & Christian, Carman E. Kipp, J. Anthony Eyre, Salt Lake City, for plaintiffs and appellants.

Strong & Hanni, Lawrence L. Summerhays, Salt Lake City, for defendant and respondent.


JEPPSON, District Judge.

This is an appeal from a judgment growing out of a rear-end two-car collision. The lead car was driven by the plaintiff and appellant and was stopped for a red light in the daytime in a moderate rain that had been falling for most of the day.

The court instructed the jury that a driver, without notice of faulty brakes and who could not discover the defect through the exercise of reasonable care, is not responsible for damage caused...

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