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738 P.2d 1037

60 UtahAdv.Rep. 11

Jackson v. Hicks

Utah Supreme Court

Decided June 17, 1987

Utah Supreme Court · decided 1987-06-17

Cited by 2 later decisions — most recently October 1992

2 state decisions

Relies on Price-Orem Investment Co. v. Rollins, Brown & Gunnell, Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1987-06-17

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HOWE, Justice

¶1(concurring in the result):

¶2I concur in the result which affirms the trial court’s award of a new trial on the issue of causation, or as the trial judge termed it, on “damages.” I reach this result because there is competent evidence which would support a verdict in favor of the defendant. Price-Orem Investment Co. v. Rollins, Brown & Gunnell, Inc., 713 P.2d 55 (Utah 1986), and cases cited therein. The jury did not have to believe plaintiff’s expert on causation in the face of facts suggesting that there was no causation.

ZIMMERMAN, J., concurs in the concurring opinion of Justice HOWE.STEWART, Associate C.J., concurs in the result.
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