Personal Injury & Tort Cases
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Personal Injury & Tort

Court of Appeals of Utah
Uncategorized

Blackwell v. Holiday Oil — ANSI and ASTM Voluntary Standards Are Not “Safety Laws” Under Utah’s Negligence-Evidence Jury Instruction

The Utah Court of Appeals affirmed the trial court’s refusal to instruct the jury under Model Utah Jury Instruction CV212 on “violation of a safety law,” holding that voluntary consensus standards from ANSI, ASTM, and the non-adopted portions of the International Building Code are not “safety laws” within the instruction’s meaning—which, under the noscitur a sociis canon and Restatement (Second) of Torts § 288B, is limited to formally codified statutes, ordinances, and administrative rules with the force of law.

Court of Appeals of Utah
Uncategorized

Newman v. LM General Insurance — UIM Bad Faith Claim Fails Where General Damages Valuation Is Fairly Debatable as a Matter of Law

The Utah Court of Appeals affirmed summary judgment for LM General Insurance on an alternative basis—that an insured’s underinsured motorist claim was fairly debatable as a matter of law—because the insurer diligently investigated, made a timely offer that fairly reflected the inherent uncertainty of general damages, and acted promptly throughout, even though the arbitrator ultimately awarded significantly more.

Court of Appeals of Utah
Uncategorized

Holmes v. Smith — New Trial Ordered After Collateral Source Misrule and Improperly Admitted Medical Records

The Utah Court of Appeals reversed an automobile accident verdict and remanded for a new trial after the trial court misapplied the collateral source rule by excluding evidence of employer-provided workplace accommodations, admitted medical records without proper business-records foundation under Utah R. Evid. 803(6), and improperly excluded life care planner testimony on work-life expectancy based on inconsistencies that went to weight rather than admissibility.

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