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JENSEN v. THOMAS

No. 14838.

570 P.2d 695 (1977)

Reid E. JENSEN, Plaintiff and Appellant, v. Connie Gail THOMAS, Defendant and Respondent.

Supreme Court of Utah.

October 5, 1977.

Attorney(s) appearing for the Case

Robert J. DeBry, Salt Lake City, for plaintiff and appellant.

Stephen B. Nebeker, Salt Lake City, for defendant and respondent.

WILKINS, Justice:

Plaintiff appeals from an order of the District Court for Salt Lake County denying plaintiff's motion for a new trial, brought pursuant to Rule 59(a)(3), Utah Rules of Civil Procedure on the ground that plaintiff was surprised by the testimony of defendant's expert witness. Affirmed. Costs to defendant.

This was an action to recover damages for personal injuries arising out of an automobile collision. The jury was directed on the issue of...

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