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SULZEN v. WILLIAMS

Nos. 981272-CA, 971301-CA.

977 P.2d 497 (1999)

1999 UT App 076

Robert and Kathleen SULZEN, individually, and as guardians of Brandon James Holton, Plaintiffs and Appellants, v. Anita WILLIAMS, mother and general guardian of Seth Jepson; and Barry Carstensen, father and general guardian of Shaun Carstensen, Defendants and Appellees.

Court of Appeals of Utah.

March 11, 1999.

Attorney(s) appearing for the Case

James R. Hasenyager, Marquardt, Hasenyager & Custen, Ogden, for Appellants.

Robert C. Keller, Snow, Christensen, & Martineau, Salt Lake City, for Appellees Anita Williams and Seth Jepson.

Joseph J. Joyce and Kristin A. Vanorman, Strong & Hanni, Salt Lake City, for Appellees Carstensen.

Before GREENWOOD, Associate P.J., and JACKSON and ORME, JJ.

OPINION

ORME, Judge:

¶ 1 Plaintiffs Robert and Kathleen Sulzen, individually and on behalf of their grandson, Brandon Holton, over whom the Sulzens have legal guardianship, appeal the trial court's refusal to permit them to amend their complaint and dismissal of their wrongful death action.1 We reverse.

BACKGROUND

¶ 2 On July 25, 1994, Elizabeth Holton and her son, Brandon, accompanied Elizabeth's...

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