Bairas v. Johnson

CALLISTER, Justice.

From a judgment of the lower court dismissing his complaint upon the merits and defendants’ counterclaim without prejudice, the plaintiff appeals. He contends that the court erred in denying his motions for a continuance and change of venue.

On July 5, 1960, the plaintiff and Philip G. Fulstow were the sole occupants of the latter’s automobile which ran off a highway in Coconino County, Arizona. Fulstow died as a result of the accident, and the plaintiff suffered a broken neck, causing him to be paralyzed from the neck down. Plaintiff was removed to a hospital in California…