W. FIBERGLASS v. KIRTON, McCONKIE ETC.

No. 890407-CA.

789 P.2d 34 (1990)

WESTERN FIBERGLASS, INC., a Utah corporation, Plaintiff, Appellant, and Cross-Respondent, v. KIRTON, McCONKIE AND BUSHNELL, a professional corporation, Defendant, Respondent, and Cross-Appellant.

Court of Appeals of Utah.

March 2, 1990.


Attorney(s) appearing for the Case

Joseph R. Fox, Sandy, for plaintiff, appellant and cross-respondent.

Stephen B. Nebeker, Thomas L. Kay, and Paul D. Newman, Salt Lake City, for defendant, respondent and cross-appellant.

Before DAVIDSON, BILLINGS, and JACKSON, JJ.


JACKSON, Judge:

Western Fiberglass, Inc. (Western) appeals a judgment based on a jury verdict which found the parties equally negligent in failing to file security instruments. The law firm of Kirton, McConkie and Bushnell (Kirton) cross-appeals the denial of costs and fees claimed under the corporate indemnity provision of the Utah Business Corporation Act, Utah Code Ann. § 16-10-4(2)(c) (Supp. 1989). We affirm on both appeals.

I. NATURE OF THE CASE...

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