Hull Ex Rel. Silver v. Silver

MAUGHAN, Justice:

On appeal is a judgment of the district court granting defendants’ motion for summary judgment. We reverse and remand for trial. Costs to plaintiff. All statutory references are to U.C.A.1953, except as otherwise provided.

On June 22,1972, Lynn R. Silver, his wife Marilyn Hull Silver and another couple were flying in an aircraft piloted by Lynn R. Silver. The aircraft crashed killing all on board. Plaintiff, administrator of the estate of Marilyn Hull Silver, on behalf of Mrs. Silver’s heirs, filed a wrongful death action against the estate of Lynn R. Silver. Plaintiff alleged…