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GALLEGOS v. DICK SIMON TRUCKING

No. 20020802-CA.

110 P.3d 710 (2004)

2004 UT App 322

Anthony and Dawn GALLEGOS, as guardians of Anthony D. RYNES, a minor child; Joyce Dixon; Epifanio Gallegos, individually; and Michael Gallegos, as personal representative of the Estate of Patricia Raquel Gallegos, Plaintiffs and Appellees, v. DICK SIMON TRUCKING, INC.; Ronald D. Purta, individually; and John Does I-V, Defendants and Appellant.

Court of Appeals of Utah.

Rehearing Denied March 31, 2005.

Attorney(s) appearing for the Case

Andrew M. Morse, John R. Lund, Julianne Blanch, Snow Christensen & Martineau, Michael D. Zimmerman, Tawni J. Sherman, and Troy L. Booher, Snell & Wilmer, Salt Lake City, for Appellant.

Brian J. Romriell, Parr Waddoups Brown Gee & Loveless, Salt Lake City, and Erik M. Ward, Gridley Ward & Shaw, Ogden, for Appellees.

Before Judges DAVIS, Jackson, and ORME.

OPINION

JACKSON, Judge:

¶ 1 Dick Simon Trucking, Inc. Dick Simon appeals the jury verdict award in favor of the guardians the Gallegoses of Anthony Rynes. We reverse and remand.

BACKGROUND

¶ 2 In 1998, Rynes was severely injured in an auto collision caused by a Dick Simon employee. In October 2001, a jury trial was held. Dick Simon admitted liability. The Gallegoses and Dick Simon had relatively minor disagreements. The fact and...

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