Krauss v. Utah State Department of Transportation

OPINION

ORME, Judge:

Plaintiff in a' personal injury action appeals an adverse jury verdict and the trial court’s denial of his motions for a directed verdict and judgment notwithstanding the verdict. The primary issue is whether a broadly phrased release, which does not name defendant, should be deemed to have released defendant from liability. We hold it does not and remand for a new trial.

FACTS

On May 3, 1986, appellant Harold Krauss, a Colorado resident, was sleeping in the back seat of a car he borrowed from his parents when the driver fell asleep. The car ran off 1-70 in southern Utah and…