Simonson v. Travis

I cannot join the majority. In reversing the trial court's finding that plaintiff has *1003not carried her burden of showing the release to be invalid, the Court has exceeded its proper function. I, too, have sympathy for plaintiff. However, where there is conflicting evidence and the trial court has resolved it against a party, it is not for us to redetermine the matter unless there is no substantial record evidence to support the findings. Scharf v. BMG Corp., 700 P.2d 1068, 1070 (Utah 1985); Sharpe v. American Medical Systems, Inc., 671 P.2d 185, 187 (Utah 1983); Kohler v. Garden City, 639 P.2d…