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PETERSON v. FOWLER

No. 13011.

510 P.2d 523 (1973)

29 Utah 2d 366

Pamela and Carla Jan PETERSON, Plaintiffs and Appellants, Industrial Indemnity Company, Plaintiff in Intervention and Appellant, v. Robert A. FOWLER, Timber Structures, Inc., Schmidt Steel, et al., Defendants and Respondents.

Supreme Court of Utah.

May 22, 1973.

Attorney(s) appearing for the Case

Jackson B. Howard, of Howard & Lewis, Provo, for plaintiffs and appellants.

Wallace R. Lauchnor, of Bayle & Lauchnor, Salt Lake City, for plaintiff in intervention and appellant.

R.M. Child, of Ray, Quinney & Nebeker, Salt Lake City, Richard W. Campbell, of Olmstead, Stine & Campbell, Ogden, J. Anthony Eyre, of Kipp & Christian, Salt Lake City, for defendants and respondents.

ELLETT, Justice:

This case was before us last year1 on an appeal by the plaintiffs from a summary judgment in favor of the architect and Lauren Burt, Inc., wherein most of the facts of the case were set out. Additional facts material to this appeal will be supplied herein.

A reading of the prior case will show that plaintiffs' decedent lost his life when a high suspended scaffold on which he was working broke, causing him and two...

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