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SULLIVAN v. SCOULAR GRAIN CO. OF UTAH

No. 910482.

853 P.2d 877 (1993)

Kenneth Ray SULLIVAN, Plaintiff, v. SCOULAR GRAIN COMPANY OF UTAH; Union Pacific Railroad Company, a Utah corporation; Scoular Grain Company, The Scoular Company, Robert O'Block, and Gordon Olch, dba Freeport Center Associates; Trackmobile, Inc., a Georgia corporation, formerly known as Whiting Corp.; The Denver and Rio Grande Western Railroad Company, a Delaware corporation; Oregon Short Line Railroad Company, a Utah corporation; Utah Power & Light Company, a Utah corporation; and G.W. Van Keppel Company, a Missouri corporation, Defendants.

Supreme Court of Utah.

Rehearing Denied June 11, 1993.

Attorney(s) appearing for the Case

M. Douglas Bayly, L. Rich Humpherys, Salt Lake City, for Sullivan.

Paul M. Belnap, Victoria K. Kidman, Salt Lake City, for Trackmobile, Inc.

D. Gary Christian, Michael F. Skolnick, Salt Lake City, for G.W. Van Keppel Co.

J. Clare Williams, Salt Lake City, for Oregon Short Line R.R. and Union Pacific R.R.

H. James Clegg, Salt Lake City, for Utah Power and Light.

DURHAM, Justice:

This case comes to us pursuant to rule 41 of the Utah Rules of Appellate Procedure as a question certified from the United States District Court for the District of Utah. Two issues have been accepted on certification:

1. Under the Utah Comparative Fault Act,1 Utah Code Annot. § 78-27-38, et seq., can a jury apportion the fault of the plaintiff's employers that caused or contributed to the accident although...

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