ASAY v. WATKINS

No. 20226.

751 P.2d 1135 (1988)

Ronald L. ASAY and L. Walton Bonny, Plaintiffs and Appellants, v. Shirley WATKINS, State of Utah, Utah State Department of Transportation, Utah State Road Commission, Scott Watkins, and Keith Watkins, Defendants and Respondents.

Supreme Court of Utah.

March 11, 1988.


Attorney(s) appearing for the Case

C. Richard Henriksen, Sr., C. Richard Henriksen, Jr., David M. Jorgensen, Salt Lake City, for plaintiffs and appellants.

David L. Wilkinson, Paul M. Warner, Stanley H. Olsen, Salt Lake City, for the State of Utah, Utah State Dept. of Transp., and Utah State Road Com'n.

Robert R. Wallace, Tim Dalton Dunn, Wallace R. Lauchnor, Salt Lake City, for Shirley Watkins, Scott Watkins, and Keith Watkins.


HALL, Chief Justice:

The trial court dismissed plaintiffs' damages claim against defendant Shirley Watkins on the ground that the towed automobile which her minor son controlled at the time of an accident was not a "motor vehicle" as that term is defined in Utah Code Ann. § 41-2-1(b) (amended 1983; amended & renumbered 1987).

Plaintiffs were proceeding south on Highway 40 near Myton, Utah. At the same time, defendant Scott Watkins was traveling northbound...

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