Miller v. Utah Department of Transportation

Justice DURHAM,

opinion of the Court:

INTRODUCTION

11 Jason and Melissa Miller, individually and as guardians ad litem for their minor child, appeal from a judgment entered after a *1211jury verdict. The Millers argue that the district court erred in ruling certain evidence inadmissible under federal law, and in denying their requests for an instruction against drawing adverse inferences (adverse inference instruction) regarding the excluded evidence and for jury instructions regarding the statutory cap on damages against the state and the reserve fund from which such damages are paid. They further…