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THURSTON v. WORKERS COMPENSATION FUND

No. 20020852-CA.

83 P.3d 391 (2003)

2003 UT App 438

Warren THURSTON and Frances Thurston, Plaintiffs and Appellants, v. WORKERS COMPENSATION FUND OF UTAH, Community Nursing Services, Heal & Co., and Does 1-10, Defendants and Appellees.

Court of Appeals of Utah.

December 26, 2003.

Attorney(s) appearing for the Case

Alisha Giles, Aric Cramer, and Victoria Cramer, Cramer Cramer & Adaier LLC, Bountiful, for Appellants.

James R. Black, Black and Associates, Michael P. Zaccheo, Holly B. Platter, Richards Brandt Miller & Nelson, and Gregory J. Sanders, Kipp & Christian, Salt Lake City, for Appellees.

Before JACKSON, P.J., ORME and THORNE, Jr., JJ.

OPINION

ORME, Judge:

¶ 1 Warren and Frances Thurston are the parents and lawful heirs of Roger Thurston and the plaintiffs in this wrongful death action. The trial court entered summary judgment in favor of all three defendants and dismissed Plaintiffs' causes of action, based in tort and contract, due to the lack of sufficient evidence that would allow a jury to determine that any negligence of Defendants was the proximate cause of Roger Thurston's...

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