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BERNEAU v. MARTINO

No. 20090134.

223 P.3d 1128 (2009)

2009 UT 87

William BERNEAU, Plaintiff and Appellant, v. Cameron D. MARTINO aka David M. Cameron; and the Estate of Cameron D. Martino aka David M. Cameron, Defendants and Appellees.

Supreme Court of Utah.

December 29, 2009.

Attorney(s) appearing for the Case

Mark T. Flickinger, Brett R. Boulton, Provo, for plaintiff.

Todd Turnblom, Tajha L. Ferrara, Salt Lake City, for defendants.

INTRODUCTION

DURHAM, Chief Justice:

¶ 1 Appellant and Plaintiff, William Berneau, brought suit against putative Appellees and Defendants, Cameron D. Martino (Decedent) and the Estate of Cameron D. Martino, for injuries arising out of an automobile accident. Shortly after the accident, but before Mr. Berneau filed suit, Mr. Martino died due to causes unrelated to the accident. No probate of Mr. Martino's estate followed, and no personal representative...

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