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ENGLISH v. KIENKE

No. 890281.

848 P.2d 153 (1993)

Daniel ENGLISH, as personal representative of the Estate of Robert English, Plaintiff and Petitioner, v. Albert KIENKE, Defendant and Respondent.

Supreme Court of Utah.

February 4, 1993.

Attorney(s) appearing for the Case

Fred R. Silvester, Charles P. Sampson, Claudia F. Berry, Salt Lake City, for Daniel English.

Aaron Alma Nelson, Allan L. Larson, Salt Lake City, for Albert Kienke.

ON CERTIORARI TO THE UTAH COURT OF APPEALS

HOWE, Associate Chief Justice:

We granted certiorari in this case to review the court of appeals' decision reported at 774 P.2d 1154 (Utah Ct.App.1989). In its decision, the court of appeals affirmed a summary judgment that had been granted in favor of defendant Albert Kienke and against plaintiff Daniel English.

Kienke, a full-time employee of the Utah Department of Transportation...

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