Case Summaries
| Publication year | 1996 |
| Pages | 55 |
| Citation | Vol. 9 No. 6 Pg. 55 |
June, 1996
Selected Cases in 1995-1996
Clark R. Nielsen, J.
On April 24, 1996, Justice Richard C. Howe and Utah Court of Appeals Judge Gregory K. Orme summarized at a Salt Lake County Bar Luncheon the cases they considered most significant from their courts in 1995. Their summaries are reprinted for all the Utah Bar. These case summaries are provided for the convenience of the reader, to identify what each case generally involves. They are not a definitive statement of the court's holding, nor can they substitute for a careful reading of the opinion.
TORTS
Cruz v. Middlekauff Lincoln-Mercury, 909 P.2d 1252 (1996): Plaintiffs sued car dealership after being injured by thief-driven car stolen from dealership lot. Trial court denied motion to dismiss. Affirmed. Plaintiffs alleged special circumstances, which if proved, could take this case out of general rule that owner is not liable for damage caused by thief when keys left in ignition. Here, dealership allegedly had long history of thefts; dealer customarily left keys in cars; no security to prevent cars from being stolen; unobstructed exit from car lot. Owner's negligence may be proximate cause if theft and subsequent negligent driving is reasonably foreseeable.
Jackson v. Brown, 904 P.2d 685 (1995): Abolishes cause of action for breach of promise to marry, but leaves open whether economic losses may be recovered. Also, tort of intentional infliction of emotional distress may lie if outrageous and deceitful conduct is proved.
Jackson v. Righter, 891 P.2d 1387 (1995): Supervisor's romantic involvement with worker was without scope of employment and thus employer not liable; employer's knowledge of relationship does not give employer sufficient knowledge to anticipate a claim for alienation of affections against an employee under its supervision.
Lawson v. Salt Lake Trappers, 901 P.2d 1013 (1995): Owner of ballpark did not breach duty to screen most dangerous part of stands and provide screened seats to as many patrons as may reasonably be expected. Parent has no cause of action for emotional distress from fear of injury when parent did not see foul ball.
Whipple v. American Fork Irrigation Co., 910 P.2d 1218 (1996): Plaintiff's husband drowned while rescuing child from canal; widow sues canal company. Trial court grants rule 12(b)(6) dismissal. Reversed. Plaintiff pleaded sufficient facts to raise issue of whether there was a "hidden trap" which might render canal company liable.
CRIMINAL LAW
State v. Herrera; State v. Sweezey, 895 P.2d 359 (1995): Utah's insanity defense statute is constitutional even though it exonerates criminal defendant only if he does not have the mental capacity to form the intent to kill.
State v. Troyer, 910 P.2d 1182 (1995): Where statement made by defendant was without benefit of Miranda warning, statement may not be used in state's case-in-chief, but may be used for impeachment purposes. If statement was not coerced and Fifth Amendment was not violated, fruits may be admissible in case-in-chief.
REAL PROPERTY
In re Knickerbocker Estate, 912 P.2d 969 (1996): Historically, joint tenant could only terminate the joint tenancy by destroying one of four unities essential to it - a unilateral self-conveyance was ineffective. However, the use of a straw man to sever joint tenancy would create lopsided body of law wherein property owners are required to perpetrate legal fictions for purpose of severing joint tenancy but not for creating a joint tenancy which can be done without a straw man under §57-1-5. Instead, the intent of the parties should govern.
Building Monitoring Systems v. Paxton, 906 P.2d 1215 (1995): Tenants complained to health department after landlord (LL) refused to make repairs. LL brought unlawful detainer action against tenants. While landlord may evict for any legal reason or for no reason at all, he is not free to evict in retaliation for his tenant's report of...
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