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WHITMORE v. INDUSTRIAL COMMISSION OF UTAH

No. 12730, 12367.

499 P.2d 1290 (1972)

28 Utah 2d 185

Kenneth WHITMORE, a minor by and through his guardian ad litem, Sam O. Whitmore, Plaintiff, v. The INDUSTRIAL COMMISSION OF UTAH et al., Defendants. Kenneth WHITMORE, a minor, by and through his guardian ad litem, et al., 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

Robert F. Orton and Earl J. Peck, of Nielsen, Conder, Hansen & Henriod, Salt Lake City, for plaintiff.

LeRoy S. Axland, of Parsons, Behle & Latimer, Salt Lake City, for Calavo and Employers Ins.

L.L. Summerhays, of Strong & Hanni, Salt Lake City, for Romney.

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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