Asay v. Watkins

HALL, Chief Justice:

The trial court dismissed plaintiffs’ damages claim against defendant Shirley Watkins on the ground that the towed automobile which her minor son controlled at the time of an accident was not a “motor vehicle” as that term is defined in Utah Code Ann. § 41-2-1(b) (amended 1983; amended & renumbered 1987).

Plaintiffs were proceeding south on Highway 40 near Myton, Utah. At the same time, defendant Scott Watkins was traveling northbound on Highway 40, towing a Mustang automobile that was under the control of his minor brother, defendant Keith Watkins. The Mustang had no…