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HTMLThe Cure-Or-Waive Rule Is No Longer the Standard Governing Preservation of Jury Bias for Appeal.
Parsons Behle Latimer A Professional Corporation;
Legal Alert/Article
September 16, 2013, previously published on September 11, 2013
In Turner v. University of Utah Hospitals and Clinics, 2013 UT 52 (Aug. 16, 2013), the Utah Supreme Court ruled that Ms. Turner was entitled to a new trial because the improper inclusion of jury instruction undermined the Court’s confidence in the jury’s verdict. The Court also took the...

 

HTMLUtah Code Imposes Upon Law Enforcement Officers in Pursuit of a Fleeing Suspect a Duty to the Fleeing Suspect to Act as a Reasonably Prudent Emergency Vehicle Operates in Like Circumstances.
Parsons Behle Latimer A Professional Corporation;
Legal Alert/Article
September 16, 2013, previously published on September 11, 2013
In Torrie v. Weber County, 2013 UT 48 (Aug. 6, 2013), the Utah Supreme Court held that law enforcement officers engaged in pursuit owe a duty to all persons, including fleeing suspects. The case involved the death of a 16-year-old boy, who crashed his automobile while being pursued by a Weber...

 

HTMLAn Expert Witness May Use General Statistics if They Are Used In Combination with the Expert Witness’ Own First-Hand Knowledge to Support Their Conclusions.
Parsons Behle Latimer A Professional Corporation;
Legal Alert/Article
September 16, 2013, previously published on September 11, 2013
In Johnson v. Montoya, 2013 UT App 199 (Aug. 8, 2013), the Utah court of appeals denied the defendant’s motion for a new trial, rejecting her argument that the trial court abused its discretion in permitting certain expert testimony. The case arose as the result of an automobile collision...