Smith v. Thornton

CROFT, District Judge.

This is an appeal from a judgment of dismissal entered pursuant to the trial court’s order granting, at the close of plaintiffs’ evidence, defendant’s motion for a directed verdict. We reverse and remand the case to the district court for a new trial.

Plaintiff, Richard N. Smith, sued to recover damages for injuries sustained by him when, as a pedestrian, he was struck by defendant’s car while crossing North Temple Street in Salt Lake City, Utah. Plaintiff, Ida Smith, sued for loss of consortium allegedly resulting from her husband’s injuries. The case was tried to a jury…