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SWITZER v. REYNOLDS

No. 15712.

606 P.2d 244 (1980)

Connie Lou SWITZER, Raymond Gordon Switzer, Donald Eugene Switzer, Rodney Dean Switzer, and Therease Jo Switzer, minors, by and through their Guardian ad litem, Louella R. Bowles, Plaintiffs and Appellants, v. Bryce C. REYNOLDS, Individually and formerly doing business as Reynolds Sand and Gravel Company; Clark Equipment Company, Construction Machinery Division, Defendants and Respondents.

Supreme Court of Utah.

January 22, 1980.

Attorney(s) appearing for the Case

C.R. Henriksen of Henriksen, Fairbourn & Tate, Salt Lake City, Joel H. Dembinsky, Glenwood Springs, Colo., for plaintiffs and appellants.

John H. Allen, Richard H. Moffat, Salt Lake City, for defendants and respondents.

MAUGHAN, Justice:

Plaintiffs appeal the district court's dismissal of a wrongful death action brought on behalf of five minor children. We reverse and remand for trial. All statutory references are to Utah Code Annotated, 1953, unless otherwise indicated.

On June 24, 1963, Gordon Switzer was killed when a large tractor shovel machine he was operating overturned on a freeway in Parley's Canyon, east of Salt Lake City. At the time of the accident, Switzer was...

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