APPELLATE CASES
Bybee v. Abdulla, 2008 UT 35, --- P.3d ---
Contested arbitration agreement in medical malpractice wrongful death case. Defendant attempted to force heirs to participate in arbitration. The Utah Supreme Court upheld the right of heirs to proceed in state court for their constitutionally guaranteed right to bring a wrongful death claim rather than force them to participate in the privatized pay-to-play arbitration system.
Dexter v. Bosko et. al., 2008 UT 29, 184 P.3d 592
Claims brought under Utah State Constitution. The Utah Supreme Court upheld right of prisoner to bring a claim after he became quadriplegic due to prison guard’s refusal to fasten safety belt. The prisoner, due to shackles, could not fasten his own safety belt and the van rolled over at freeway speed, ejecting Mr. Dexter.
Begaye v. Big-D Const., 2008 UT 4, 178 P.3d 343
Worker killed while erecting a wall as ordered by Big-D superintendents. Because worker was employed by a subcontractor, the Utah Supreme Court refused to hold Big-D accountable for sending the subcontractor employees to work that particular wall.
Brown v. Sears & Roebuck, 328 F.3d 1274 (10th Cir. 2003).
Products liability claim involving defectively designed riding lawnmower;Two-year old boy lost leg when seventeen year old uncle backed into him with blades engaged on riding lawnmower.
Carter v. University of Utah Medical Center, 2006 UT 78, 150 P.3d 467
Appeal involved application of venue selection statutes, proper venue for suit against State.
Dexter v. Bosko et. al., 92 Fed. Appx. 637 (10th Cir. 2004).
42 U.S.C. § 1983, defendants argued for qualified immunity and trial court denied. Defendants appealed. 10th Circuit overruled and granted dismissal based on qualified immunity.
Gunn v. PEHP/Utah State Ret. Bd., 2007 UT App 4, – P.3d –
Appealed dismissal of declaratory action seeking to invalidate subrogation claim allegedly held by PEHP. Utah Court of Appeals affirmed trial court decision, petition for certiorari pending.
Shafer v. State of Utah, 79 P.3d 936 (Utah 2003).
Claim against state for injury sustained while disembarking ‘Heber Creeper,’ a tourist train operated by State of Utah; Claim dismissed at trial court for alleged failure to comply with Notice of Claim requirements; Utah Supreme Court reversed.
Spackman v. Board of Education, Box Elder County et. al., 2000 UT 87, 16 P.3d 533.
Issue whether the Utah Constitution’s Due Process and Education clauses were self-executing; Female student and bully suspended from school after confrontation; Utah Supreme Court held female student could state claim for deprivation of due process and right to education under Utah Constitution.
TRIAL CASES
Cases Tried to Jury Verdict, Representing Plaintiff
Entjes v. Hart-Squires, Second District, Utah
Automobile intersection collision; Case tried to $189,000 jury verdict.
Nelson v. Johannsen, Second District, Utah
Automobile rear-end collision case; jury verdict in favor of plaintiff $10,365.67
Verley v. Teresa Johnson, M.D., Second District, Utah
Medical malpractice; Case tried to $258,000 jury verdict.
Bowman v. Shurtleff, Second District, Utah
Automobile collision; Case tried to $50,000 jury verdict.