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ENGLISH v. KIENKE

No. 880236-CA.

774 P.2d 1154 (1989)

Daniel ENGLISH, as Personal Representative of the Estate of Robert English, Plaintiff and Appellant, v. Albert KIENKE, Defendant and Respondent.

Court of Appeals of Utah.

Rehearing Denied June 2, 1989.

Attorney(s) appearing for the Case

Fred R. Silvester, Charles P. Sampson, and Claudia Berry, Salt Lake City, for plaintiff and appellant.

Aaron Alma Nelson and Allan L. Larson, Salt Lake City, for defendant and respondent.

Before BENCH, GARFF and ORME, JJ.

OPINION

BENCH, Judge:

Plaintiff appeals entry of summary judgment for defendant in a wrongful death action. We affirm, finding no error in the trial court's determination that plaintiff's decedent was liable as a matter of law for the dangerous condition which he created and which resulted in his death.

On January 4, 1986, 28-year-old graduate student Robert English was killed in a tragic accident while rebuilding the front porch of his leased house...

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