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DIXON v. STEWART

No. 17307.

658 P.2d 591 (1982)

Darrell E. DIXON and Nada Dixon, Plaintiffs and Appellants, v. Kathy STEWART, Defendant and Respondent.

Supreme Court of Utah.

December 30, 1982.

Attorney(s) appearing for the Case

James R. Hasenyager, Ogden, for plaintiffs and appellants.

Gary B. Ferguson, Salt Lake City, for defendant and respondent.

DURHAM, Justice:

This is an appeal from a no cause of action judgment where the jury found the pedestrian (plaintiffs' decedent) 60% negligent and the driver of the car that hit and fatally injured him 40% negligent. The accident occurred at about 1:22 a.m. on January 1, 1979, in front of a house where a New Year's Eve party was going on. The posted speed limit along the street was 35 miles per hour. The plaintiffs' decedent, Dixon, who had been smoking marijuana...

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