KUSY v. K-MART APPAREL FASHION CORP.

No. 18360.

681 P.2d 1232 (1984)

Arthur Dennis KUSY, Plaintiff and Appellant, v. K-MART APPAREL FASHION CORP., a Delaware corporation, and John Doe, an individual, Defendants and Respondents.

Supreme Court of Utah.

April 24, 1984.


Attorney(s) appearing for the Case

Wilford A. Beesley, Jack Fairclough, Salt Lake City, for plaintiff and appellant.

Alan L. Larson, Salt Lake City, for defendants and respondents.


OAKS, Justice:

In this personal injury action, the jury found no negligence on the part of defendant K-Mart. On appeal, plaintiff claims that the trial court erred by refusing to admit into evidence defendant's answer to an interrogatory. He also cites error in the failure to give his proffered jury instruction on res ipsa loquitur and in the instruction given on avoidable accident. We reverse.

Plaintiff was employed as a truck driver. In May 1976, he delivered...

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