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METRO. PROP. & LIABILITY v. FINLAYSON

No. 860204-CA.

751 P.2d 254 (1988)

METROPOLITAN PROPERTY & LIABILITY INSURANCE COMPANY, Plaintiff and Respondent, v. Neal W. FINLAYSON, individually and Lee, Childs individually and as Guardian ad litem of Michelle Childs, a minor, Defendants and Appellant.

Court of Appeals of Utah.

March 7, 1988.

Attorney(s) appearing for the Case

Anthony M. Thurber (argued), Salt Lake City, for defendants and appellant.

Lowell V. Smith (argued), Hanson, Dunn, Epperson & Smith, Salt Lake City, for plaintiff and respondent.

Before ORME, BENCH and BILLINGS, JJ.

ORME, Judge:

Appellant Lee Childs seeks reversal of a summary judgment entered by the trial court in favor of respondent Metropolitan Property & Liability Insurance Company. We reverse.

FACTS

The trial court was presented with a stipulation of facts and cross-motions for summary judgment. The stipulated facts are as follows. Defendant Neal Finlayson, who is not a party to this appeal, was employed as a company mechanic by FINCO Brothers, Inc...

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