Dee Dee Vanderwater v. Roger Hatch

LOGAN, Circuit Judge.

Plaintiff, Dee Dee Vanderwater, brought this diversity action seeking damages for injuries she suffered in a collision between a motorcycle on which she was a passenger and a yearling cow owned by defendant, Roger Hatch. The action was tried to a jury, which returned a verdict in favor of the defendant. On appeal, Vanderwater argues that (1) the district court erred in refusing to instruct the jury on the doctrine of res ipsa loquitur; (2) Utah Code Ann. §§ 41-6-38 and 4-25-8 discriminate among similarly situated plaintiffs in actions involving unrestricted livestock,…