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NIELSEN EX REL. C.N. v. BELL EX REL. B.B.

No. 20131047.

370 P.3d 925 (2016)

2016 UT 14

Corey and Carol NIELSEN, for and in behalf of C.N., a minor, Appellees, v. Wade and Laura BELL, on behalf of B.B., a minor, Appellants.

Supreme Court of Utah.

March 24, 2016.

Attorney(s) appearing for the Case

Daniel F. Bertch , Kevin K. Robson , Darren A. Davis , Nathan Langston , Salt Lake City, for appellees.

Peter H. Christensen , Kathryn T. Smith , Salt Lake City, for appellants.

Justice DURHAM authored the opinion of the Court in which Chief Justice DURRANT, Justice HIMONAS, and Judge ROTH joined. Associate Chief Justice LEE filed a dissenting opinion. Justice PARRISH did not participate herein. Court of Appeals Judge STEPHEN L. ROTH sat.

INTRODUCTION

¶ 1 In this appeal we must decide whether there is a minimum age below which a child is conclusively deemed incapable of negligence under Utah's common law, and if so, what that minimum age is. We hold that children under the age of five, as a matter of law, may not be held liable...

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