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JACOBSEN CONST. v. STRUCTO-LITE ENGINEERING

No. 16208.

619 P.2d 306 (1980)

JACOBSEN CONSTRUCTION COMPANY, INC., a corporation; Jelco, Incorporated, a corporation; and Central Utah Water Conservancy District, a body corporate and politic, Plaintiffs and Respondents, v. STRUCTO-LITE ENGINEERING, INC., a corporation, Defendant and Appellant.

Supreme Court of Utah.

October 1, 1980.

Attorney(s) appearing for the Case

Raymond M. Berry and H. James Clegg of Snow, Christensen & Martineau, Harold, A. Hintze, Salt Lake City, for defendant and appellant.

Arthur H. Nielsen and W. Waldan Lloyd of Nielsen, Henriod, Gottfredson & Peck, Edward W. Clyde of Clyde & Pratt, Salt Lake City, for plaintiffs and respondents.

STEWART, Justice.

This appeal by defendant is from a judgment awarding plaintiffs damages resulting from defendant's faulty construction of a fiberglass storage tank. Defendant's claim is that the jury's finding of assumption of risk entirely precludes a judgment for plaintiff under both of plaintiffs' theories of recovery: negligence and breach of express warranty. The central issues raised are (1) whether assumption of risk is a complete bar to plaintiffs' recovery...

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