VANDERWATER v. HATCH

No. 85-2110.

835 F.2d 239 (1987)

Dee Dee VANDERWATER, Plaintiff-Appellant, v. Roger HATCH, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 7, 1987.


Attorney(s) appearing for the Case

S. Rex Lewis and Danielle Eyer Davis of Howard, Lewis & Petersen, Provo, Utah, for plaintiff-appellant.

Stephen G. Morgan and Brad Holm of Morgan, Scalley and Reading, Salt Lake City, Utah, for defendant-appellee.

Before McKAY, LOGAN and ANDERSON, Circuit Judges.


LOGAN, Circuit Judge.

Plaintiff, Dee Dee Vanderwater, brought this diversity action seeking damages for injuries she suffered in a collision between a motorcycle on which she was a passenger and a yearling cow owned by defendant, Roger Hatch. The action was tried to a jury, which returned a verdict in favor of the defendant. On appeal, Vanderwater argues that (1) the district court erred in refusing to instruct the jury on the doctrine of res ipsa loquitur;

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