PHILLIPS v. UNION PAC. R. CO.

No. 16637.

614 P.2d 153 (1980)

Janet K. PHILLIPS, William Lloyd Phillips, Jr., Timothy James Phillips, and Michael Tracy Phillips, Mitzi Elaine Phillips and David Wayne Phillips, Minors, Plaintiffs and Respondents, v. UNION PACIFIC RAILROAD COMPANY, a corporation, Defendant, Third Party Plaintiff and Appellant, v. HAMMARY FURNITURE COMPANY and Darrell Eugene Parham, Third Party Defendants and Respondents.

Supreme Court of Utah.

June 19, 1980.


Attorney(s) appearing for the Case

Steven A. Goodsell and Dennis V. Haslam, Salt Lake City, for defendant, third party plaintiff and appellant.

Jay E. Jensen, Salt Lake City, for plaintiffs and respondents.


GOULD, District Judge:

Plaintiff's decedent (Phillips) was killed when the vehicle in which he was riding collided with the defendant's (Union Pacific Railroad Company) train. Plaintiff's decedent's vehicle was being driven by a fellow employee (Parham). Both Phillips and Parham were residents of North Carolina, as was their employer (Hammary). Plaintiffs brought this action for wrongful death against defendant railroad. Defendant railroad moved to join Parham (driver...

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