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CRUZ v. WRIGHT

No. 20465.

765 P.2d 869 (1988)

Lori CRUZ and Nicholas A. Cruz, Plaintiffs and Appellants, v. Jed WRIGHT, Defendant and Appellee.

Supreme Court of Utah.

November 2, 1988.

Attorney(s) appearing for the Case

Samuel King, Jeffrey O. Burkhardt, Salt Lake City, for plaintiffs and appellants.

D. Gary Christian, Gregory J. Sanders, Salt Lake City, for defendant and appellee.

ZIMMERMAN, Justice:

Plaintiff Lori Cruz appeals from the trial court's dismissal of her claim for loss of consortium arising out of injuries suffered by her husband in an automobile accident caused by defendant Jed Wright. Her primary argument on appeal is that article I, section 11 of the Utah Constitution — the open courts provision — prevented the legislature from abolishing the husband's common law cause of action for loss of consortium and that...

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