Jorgensen v. Issa

OPINION

GREENWOOD, Judge:

Plaintiff, Neil Jorgensen, brought an action against Allen Issa to recover damages incurred when plaintiff’s tractor trailer overturned while rounding a curve on U.S. Highway 89 in Joseph, Utah. The jury found plaintiff and defendant each 50 percent negligent. On appeal plaintiff claims the trial court erred by refusing to allow a jury instruction that negligence might be subject to excuse or justification.

On December 28, 1981, plaintiff’s son, Todd Jorgensen, was driving a tractor trailer loaded with approximately 287 sheep. As he rounded a curve in the road his…