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OSTLER v. ALBINA TRANSFER CO., INC.

No. 880228-CA.

781 P.2d 445 (1989)

Ralph OSTLER, Plaintiff and Appellant, v. ALBINA TRANSFER COMPANY, INC., Stanley E. Wheeler, and F & R Roe, Inc., Defendants, Third-Party Plaintiffs and Respondents, v. Wanda OSTLER, Stephen K. Ostler, Gary W. Ostler, Vyron R. Ostler, Dale F. Ostler, Donnell B. Ostler, Sonda Mae Ostler, Ralph O. Ostler, Brian L. Ostler, Carlyle E. Ostler, Margaret Ostler, and Nathan J. Ostler, as heirs of Stephen Ostler, Gary Ostler, Dale Ostler, and Eugene Ostler, d/b/a Go Cars, Third-Party Defendants.

Court of Appeals of Utah.

Rehearing Denied October 19, 1989.

Attorney(s) appearing for the Case

Robert J. DeBry, Daniel F. Bertch, Warren W. Driggs, and Dale F. Gardiner (argued), Salt Lake City, for plaintiff and appellant.

M. Dayle Jeffs (argued) and Robert L. Jeffs, Provo, for defendants, third-party plaintiffs and respondents.

Before BENCH, GREENWOOD and JACKSON, JJ.

OPINION

BENCH, Judge:

Plaintiff appeals from a jury verdict against him in a negligence action. We affirm.

On the night of April 18, 1984, plaintiff Ralph Ostler was accompanying his father Stephen home to Utah from a business trip to California. At approximately 3:00 a.m., the Ostler's compact pickup was northbound on Interstate 15, a few miles south of Payson, Utah. Stephen Ostler was driving. For unknown reasons, the pickup left the lane of traffic...

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