JORGENSEN v. ISSA

No. 860012-CA.

739 P.2d 80 (1987)

Neil JORGENSEN, Plaintiff and Appellant, v. Allen ISSA, dba Allen's TV & Electronics, Defendant and Respondent.

Court of Appeals of Utah.

July 1, 1987.


Attorney(s) appearing for the Case

Arthur H. Nielsen, Earl Jay Peck, Clark R. Nielsen, Nielsen & Senior, Salt Lake City, for plaintiff and appellant.

Ray Ivie, Provo, for defendant and respondent.

Before GREENWOOD, DAVIDSON and JACKSON, JJ.


OPINION

GREENWOOD, Judge:

Plaintiff, Neil Jorgensen, brought an action against Allen Issa to recover damages incurred when plaintiff's tractor trailer overturned while rounding a curve on U.S. Highway 89 in Joseph, Utah. The jury found plaintiff and defendant each 50 percent negligent. On appeal plaintiff claims the trial court erred by refusing to allow a jury instruction that negligence might be subject to excuse or justification.

On December 28...

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