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WHITMORE v. CALAVO GROWERS OF CALIFORNIA

No. 12367.

499 P.2d 849 (1972)

28 Utah 2d 165

Kenneth WHITMORE, a minor, by and through his guardian ad litem, Sam O. Whitmore, and Sam O. Whitmore, Plaintiffs and Appellants, v. CALAVO GROWERS OF CALIFORNIA, a corporation, and Melvin J. Romney, Defendants and Respondents.

Supreme Court of Utah.

July 25, 1972.

Attorney(s) appearing for the Case

Arthur H. Nielsen, Robert F. Orton and Earl J. Peck of Nielsen, Conder, Hansen & Henriod, Salt Lake City, for plaintiffs-appellants.

LeRoy S. Axland of Parsons, Behle & Latimer, Salt Lake City (For Calavo), L.L. Summerhays of Strong & Hanni, Salt Lake City (For Romney) for defendants-respondents.

CALLISTER, Chief Justice:

Plaintiff, a minor, through his guardian ad litem, initiated an action in the district court to recover damages for the injuries he sustained when he fell from the rear of a pickup truck being operated by the defendant, Melvin J. Romney. The initial complaint alleged negligence and wilful misconduct on the part of Romney in allowing said 14-year-old minor to ride in the rear of the truck as well as in his manner of operating the vehicle....

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