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BERRETT v. DENVER AND RIO GRANDE W. R.

No. 910215-CA.

830 P.2d 291 (1992)

Robert BERRETT, Gerald Argyle, et al., Plaintiffs and Appellants, v. DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, INC., Defendant and Appellee.

Court of Appeals of Utah.

Certiorari Denied July 8, 1992.

Attorney(s) appearing for the Case

Allen K. Young and Randy S. Kester, Springville, for plaintiffs and appellants.

Michael F. Richman and Eric C. Olson, Salt Lake City, for defendant and appellee.

Before BENCH, P.J., and GARFF and JACKSON, JJ.

OPINION

BENCH, Presiding Judge:

Plaintiffs brought suit against defendant for damages suffered as a result of a landslide in Utah County. Defendant prevailed at trial. Plaintiffs appeal the trial court's decision to preclude one of their expert witnesses from testifying. We reverse and remand for a new trial.

BACKGROUND

On April 13, 1983, a massive landslide began to move down the hillside in Spanish...

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