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BRAITHWAITE v. WEST VALLEY CITY CORP.

No. 940247.

921 P.2d 997 (1996)

Caleen Lee BRAITHWAITE and Kenneth Lee, individually and as guardians ad litem for their minor child Misty Lee, Plaintiffs and Appellants, v. WEST VALLEY CITY CORPORATION, a political subdivision of the State of Utah; Salt Lake County, a political subdivision of the State of Utah; Granite School District, and Rachel L. Martinez, Defendants and Appellee.

Supreme Court of Utah.

Rehearing Denied August 27, 1996.

Attorney(s) appearing for the Case

M. David Eckersley, Salt Lake City, for Braithwaites.

Allan L. Larson, Andrew M. Morse, Salt Lake City, for West Valley City.

DURHAM, Justice:

Plaintiffs Caleen Braithwaite and Kenneth Lee, individually and as guardians of their minor child Misty Lee (the Braithwaites) appeal the trial court's grant of defendant West Valley City Corporation's motion for judgment notwithstanding the verdict and its conditional grant of a new trial. We reverse in part and affirm in part.

On December 16, 1986, seven-year-old Michael Shay Lee and his eight-year-old sister Misty were walking west on the...

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