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GILGER v. HERNANDEZ

No. 980031.

997 P.2d 305 (2000)

2000 UT 23

Brandon GILGER and Robert J. Montoya, Plaintiffs and Appellants, v. Melissa HERNANDEZ, Defendant and Appellee.

Supreme Court of Utah.

January 28, 2000.

Attorney(s) appearing for the Case

David R. Maddox, Sandy, for plaintiffs.

Lewis B. Quigley, Clifford J. Payne, Salt Lake City, for defendant.

ZIMMERMAN, Justice:

¶ 1 Plaintiffs Brandon Gilger and Robert Montoya appeal the trial court's order dismissing their complaint for failure to state a claim upon which relief may be granted. In their complaint, Gilger and Montoya alleged that Melissa Hernandez, the defendant, was negligent "per se" for serving alcohol to minors, including Jason Martinez, in violation of Utah Code Ann. § 32A-12-203. They also allege that as a direct consequence of Hernandez...

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