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MATHESON v. PEARSON

No. 16565.

619 P.2d 321 (1980)

Gaylen J. MATHESON, Plaintiff and Appellant, v. Mike PEARSON and Scott Sullivan, Defendants and Respondents.

Supreme Court of Utah.

October 9, 1980.

Attorney(s) appearing for the Case

Robert W. Miller of Richards, Brandt, Miller, Nelson & Zarr, Salt Lake City, for plaintiff and appellant.

Philip R. Fishler of Strong & Hanni, Salt Lake City, Willard R. Bishop, Michael W. Park, Cedar City, for defendants and respondents.

MAUGHAN, Justice:

The plaintiff appeals the District Court's granting of the defendants' motion for summary judgment. We reverse and remand the matter to the District Court for a trial on the merits. All statutory references are to Utah Code Annotated, 1953, as amended.

The plaintiff, Gaylen Matheson, was employed as a maintenance man at a junior high school in Cedar City, Utah. While unloading supplies from a pickup on January 29, 1976, he was struck on the...

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