Madsen v. Beacon Roofing
State v. Garcia-Cardiel, 2024 UT App 174 (Mortensen, J.)
Civil Procedure
Parents brought a wrongful death action against the driver who hit their son. The jury determined the driver was not at fault. After trial, the district court granted Parents’ motion for judgment as a matter of law. The Utah Court of Appeals affirmed, holding:
- The district court did not err in granting the motion.
- Practice tip: When clear evidence demonstrates a driving hazard was visible with enough time to prevent an accident, the question of negligence can be appropriately resolved by the court.