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YEARSLEY v. JENSEN

No. 890217.

798 P.2d 1127 (1990)

Virginia YEARSLEY, Plaintiff and Petitioner, v. Officer Dean JENSEN, Washington Terrace Police Department, Officer Steven Wallerstein, South Ogden Police Department, Officer Steven Smith, Riverdale Police Department, Washington Terrace City, South Ogden City, and Riverdale City, Defendants and Respondents.

Supreme Court of Utah.

October 3, 1990.

Attorney(s) appearing for the Case

John T. Caine, Ogden, for plaintiff and petitioner.

Andrew M. Morse, Salt Lake City, for Washington Terrace City and Officer Dean Jensen.

Joy L. Sanders, Salt Lake City, for South Ogden City and Officer Steven Wallerstein.

Robert K. Hilder, Dale J. Lambert, Salt Lake City, for Riverdale City, Officer Steven Smith and Riverdale Police Dept.

HOWE, Associate Chief Justice:

We granted certiorari to review a decision of the Utah Court of Appeals which affirmed the trial court without written opinion, case No. 880145-CA, dated March 30, 1989. Plaintiff Virginia Yearsley appealed to the court of appeals from the trial court's grant of summary judgment against her claims of assault and trespass on the ground that she had failed to comply with the one-year notice of claim requirement of Utah Code Ann. §...

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