RYAN v. GOLD CROSS SERVICES, INC.

No. 940289.

903 P.2d 423 (1995)

Sara RYAN, as guardian ad litem of S.S., a minor, Plaintiff, v. GOLD CROSS SERVICES, INC., dba Gold Cross Ambulance, and William J. Slusher, Defendants. GOLD CROSS SERVICES, INC., dba Gold Cross Ambulance, and William J. Slusher, Third-Party Plaintiffs and Petitioners, v. Suzanne O. SMITH, Third-Party Defendant and Respondent.

Supreme Court of Utah.

September 20, 1995.


Attorney(s) appearing for the Case

Craig G. Adamson and Eric P. Lee, Salt Lake City, for plaintiff.

Gary B. Ferguson, Salt Lake City, for petitioners.

Stuart L. Poelman, Salt Lake City, for respondent.


DURHAM, Justice:

We granted an interlocutory appeal from a Third District Court ruling upholding the constitutionality of Utah Code Ann. § 41-6-186 and denying defendants' motion to admit at trial evidence of plaintiff's nonuse of an available safety belt. Gold Cross Services, Inc., dba Gold Cross Ambulance, and William J. Slusher (collectively "Gold Cross") argue that the statute acts as a rule of evidence and is therefore a legislative intrusion on the rule...

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