Durham v. Margetts

CROCKETT, Justice:

Plaintiff Janie Durham sued for damages suffered from being struck by defendant’s car as she walked westward in the Social Hall Avenue crosswalk (about 50 South) on State Street, in Salt Lake City on the afternoon of September 30, 1975.

The district court granted defendant’s motion for summary judgment for the reason that it appeared from the “submissions” 1 that the plaintiff’s medical expenses did not exceed $500 and her cause of action was barred by 31-41-9(e), U.C.A.1953 of the “No-Fault Insurance Act.”2 Plaintiff appeals challenging that ruling.

*1334Because the issue just…