KAWAMOTO v. FRATTO

No. 990485.

994 P.2d 187 (2000)

2000 UT 6

Kinuye KAWAMOTO, Petitioner, v. The Honorable Joseph C. FRATTO, Jr., Respondent.

Supreme Court of Utah.

January 11, 2000.


Attorney(s) appearing for the Case

Barbara L. Maw, Tawni Hanseen, Salt Lake City, for petitioner.

Brent M. Johnson, Salt Lake City, for respondent.

David N. Mortensen, R. Phil Ivie, Provo, Amicus Curiae for Utah Defense Lawyers Association Tad D. Draper, Midvale; James R. Boud, Sandy, for real party in interest.


DURHAM, Associate Chief Justice:

¶ 1 This case is before the court on a petition for an extraordinary writ filed pursuant to rule 65B of the Utah Rules of Civil Procedure.1 We grant the writ, vacate the trial court's judgment, and direct the trial judge to conduct a new trial.

FACTS

¶ 2 On March 19, 1997, petitioner and Todd Kelly ("Mr.Kelly") were involved in a car accident. Subsequently, Mr. Kelly filed a...

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