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JEDRZIEWSKI v. SMITH

Nos. 20040619, 20040622, 20040623.

128 P.3d 1146 (2005)

2005 UT 85

Ric JEDRZIEWSKI; Teresa Jedrziewski; Chezlie Jedrziewski; Sierra Jedrziewski; Alexandra Wand; and Vanessa Wand, Plaintiffs and Appellees, v. Nick Glen SMITH; Roger Blain Evershed; Kurt Badger; William Hyde; Lihati Hansen Unga; Kyle Gates Durr; Jason Johnson; Jason Moses; Joel Iversen; Nick Ujifusa; and Does 5-20, Defendants and Appellants.

Supreme Court of Utah.

Rehearing Denied January 18, 2006.

Attorney(s) appearing for the Case

Richard D. Burbidge, J. Ryan Mitchell, Jefferson W. Gross, Salt Lake City, for plaintiffs.

James S. Jardine, Justin T. Toth, Jacquelyn D. Rogers, Salt Lake City, for defendant Smith.

Steven A. Wuthrich, Montpelier, ID, for defendant Evershed.

David N. Mortensen, George L. Chingas, Jr., Provo, for defendant Badger.

Stephen J. Trayner, Robert W. Harrow, Salt Lake City, for defendant Hyde.

NEHRING, Justice:

¶ 1 Defendant Nick Smith's petition for interlocutory review was granted to take up questions concerning the effect of the apportionment scheme created by the Utah Liability Reform Act (LRA)1 on the civil conspiracy cause of action and intentional tortfeasors.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 The following facts are alleged by the Plaintiffs in this civil action. During the fall of 2001,...

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