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POLLICK v. J.C. PENNEY COMPANY

No. 11880.

473 P.2d 394 (1970)

24 Utah 2d 405

Darren J. POLLICK, by and through his Guardian ad Litem, John R. Pollick, and John R. Pollick, Plaintiffs and Respondents, v. J.C. PENNEY COMPANY, a corporation, Defendant and Appellant.

Supreme Court of Utah.

August 4, 1970.

Attorney(s) appearing for the Case

Stephen B. Nebeker, M. John Ashton, of Ray, Quinney & Nebeker, Salt Lake City, for appellant.

Richard C. Dibblee, Robert D. Moore, of Rawlings, Roberts & Black, Salt Lake City, for respondents.

CROCKETT, Chief Justice:

Defendant J.C. Penney Company appeals from a jury verdict and judgment entered thereon in favor of the plaintiff, Darren J. Pollick, who suffered injuries when he fell over a guardrail protecting a stair well in defendant's Murray, Utah, store.

On the morning of May 5, 1964, John R. Pollick, along with his then three-year-old son, Darren, went into the defendant's store, where he purchased...

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