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BISWELL v. DUNCAN

No. 860124-CA.

742 P.2d 80 (1987)

Royce BISWELL, Plaintiff and Appellant, v. Diane G. DUNCAN, Defendant and Respondent.

Court of Appeals of Utah.

August 18, 1987.

Attorney(s) appearing for the Case

David M. Jorgensen, Robert J. DeBry, G. Steven Sullivan, Robert J. DeBry & Associates, Salt Lake City, for plaintiff and appellant.

R. Scott Williams, Harold L. Petersen, Strong & Hanni, Salt Lake City, for defendant and respondent.

Before BILLINGS, BENCH and ORME, JJ.

BILLINGS, Judge:

Appellant Royce Biswell ("Biswell") appeals from the district court's judgment granting respondent Diane Duncan's ("Duncan's") motion for partial summary judgment dismissing Biswell's punitive damage claim against Duncan, an intoxicated driver, and the court's refusal to give Biswell's proposed jury instruction regarding the extent of Duncan's liability for aggravating Biswell's pre-existing back injury. We reverse and remand.

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