RECENT CASES

Ochoa v. Smith

- Trial - 4th Distric Court (Appeal from Small

   claims), Provo Department

- Plaintiff's medicals; $4,129.90

- Court found only $768.90 reasonable & necessary

- Plaintiff, therefore, did not meet tort

   threshold, case dismissed.

Decker v. Johnson

- Trial 6th District Court, Kanab Department

- Defendant failed to stop as yield sign

- Plaintiff failed to maintain proper lookout

- Jury found both parties 50 percent at fault

- Plaintiff's case dismissed with prejudice, and

   plaintiff ordered to pay $4,591.60 in costs

- Plaintiff's medical expenses were $10,119.39

- Plaintiff's impairment was 10 percent (injury

   to left ankle)

- Offer made of $38,000 before trial

Carrillo v. Nay

- Trial - 2nd District Court, Brigham City Dept.

- Plaintiff Efrain Carrillo - 8 percent

   impairment, $9,569.05 medical expenses

- Plaintiff Manual Perez - 5 percent impairment,

   $7,362.22 medical expenses

- Maria Cruz- dismissed when plaintiff rested

   because she did not meet threshold

- Jose Rivas - also dismissed for failure to

   meet threshold

- 60/40 split negligence

- Final judgment: Carillo $3,291.00 (specials, no

   generals); Perez $2,515.20 (specials, no

   generals)

Allstate v. Hunt

- Declaratory judgment trial - First District

   Court, Logan Department

- Involved a fraternity altercation and the

   intentional and criminal acts exclusions in

   an Allstate homeowners policy

- Jury found no duty to defend and no coverage

Schvaneveldt v. Chesley

- Trial - 1st District Court, Logan Department

- Pedestrian/Auto accident

- Pedistrian crossed at intersection, and darted

   in front of defendnt. Jury found 50/50

   negligence and case dismissed

Quigley v. Morris

- Trial - 3rd District Court, Salt Lake City

   Department

- Defendant ran a red light and impact was

   significant

- Michael Quigley's medicals: $11, 037.70

- Gerd Quigley's medicals: $6,635.56

- Jury award: Mike: $5,518.50 (past medicals)

   $2,000 (futures) $2,000 (generals): Gerd:

   $3,317.50 (past medicals) $0 (futures) $2,000

   (generals)

- Offered $17,000 to settle before trial

Ward v. Cheney

- Trial - 2nd District Court, Farmington Dept.

- One car accident, roll-over on I-15, roads were

   slick

- Jury found the Defendant was not negligent

Thomas v. Larson

- Trial - 2nd District Court, Bountiful Dept.

- Defendant made a left turn in front of

   plaintiff

- Plaintiff failed to keep a proper lookout

- Jury found 60/40 neglignee and awarded $1,000

   (generals) $4,000 (specials)

- Plaintiff had received $3,551.93 before trial

- Plaintiff received no specials because of PIP

   offset

- Defendant filed an Offer of Judgment before

   trial

- Plaintiff award of $600 for generals (after

   reduction of comparative fault) was offset by

   defendant's costs of $1,004.40

- Plaintiff ended up owing defendant $404.40