MANAGEMENT COMMITTEE, ETC. v. GRAYSTONE PINES

No. 17421.

652 P.2d 896 (1982)

MANAGEMENT COMMITTEE OF GRAYSTONE PINES HOMEOWNERS ASSOCIATION on Behalf of the OWNERS OF the CONDOMINIUMS, Plaintiff and Appellant, v. GRAYSTONE PINES, INC., a Utah corporation, Melvin H. Jensen, Robert R. Busch and Ronald Coulam, Individuals, Defendants and Respondents.

Supreme Court of Utah.

July 20, 1982.


Attorney(s) appearing for the Case

Robert J. DeBry, Salt Lake City, for plaintiff and appellant.

Max Wheeler, Stephen Roth of Show, Christensen & Martineau, Salt Lake City, for defendants and respondents.


HALL, Chief Justice:

Plaintiff brought this action seeking damages for alleged defects and deficiencies in the construction of residential condominiums. At the close of all of the evidence, the trial court directed a verdict in favor of defendants and plaintiff appeals.

In directing a verdict, the court is not free to weigh the evidence and thus invade the province of the jury, whose prerogative it is to judge the facts.1 A directed...

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