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BUNKER BY AND THROUGH MECHAM v. MOHLMAN

No. 17286.

692 P.2d 733 (1984)

Melissa BUNKER, By and Through her general guardian, Karen MECHAM, Plaintiff-Appellant, v. Ted MOHLMAN, Defendant-Respondent.

Supreme Court of Utah.

May 1, 1984.

Attorney(s) appearing for the Case

Jackson Howard, Richard B. Johnson, Provo, for plaintiff-appellant.

Ray H. Ivie, Provo, for defendant-respondent.

STEWART, Justice:

This is an appeal from a summary judgment dismissing the plaintiff's action. The judgment of the trial court was based upon the Utah Guest Statute, U.C.A., 1953, § 41-9-1. In light of Malan v. Lewis, Utah, 693 P.2d 661 (1984), the judgment of the trial court is vacated and the matter remanded for a trial on the merits. Costs to appellant.

HALL, C.J., OAKS and HOWE, JJ., and VENOY CHRISTOFFERSEN...

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