Pavoni v. Nielsen

OPINION

BILLINGS, Judge:

¶ 1 Justin and Kimberly Pavoni appeal the trial court’s grant of a directed verdict in favor of defendant Michael Nielsen, and the resulting attorney fee award to Nielsen as the prevailing party under an indemnity agreement. We reverse and remand.

BACKGROUND

¶2 On review of a directed verdict, “we ‘examine the evidence in the light most favorable to the losing party.’ ” Fibro Trust, Inc. v. Brahman Fin., Inc., 1999 UT 13, ¶ 13, 974 P.2d 288 (quoting Brehany v. Nordstrom, Inc., 812 P.2d 49, 57 (Utah 1991)). We recite the facts accordingly.

¶3 In the spring of 1992, the…