Biswell v. Duncan

BILLINGS, Judge:

Appellant Royce Biswell (“Biswell”) appeals from the district court’s judgment granting respondent Diane Duncan’s (“Duncan’s”) motion for partial summary judgment dismissing Biswell’s punitive damage claim against Duncan, an intoxicated driver, and the court’s refusal to give Biswell’s proposed jury instruction regarding the extent of Duncan's liability for aggravating Biswell’s pre-existing back injury. We reverse and remand.

FACTUAL BACKGROUND

Biswell sustained injuries when her car was hit by Duncan, a drunken driver, at the intersection of 5065 West and North Temple in Salt…