Matheson v. Pearson

MAUGHAN, Justice:

The plaintiff appeals the District Court’s granting of the defendants’ motion for summary judgment. We reverse and remand the matter to the District Court for a trial on the merits. All statutory references are to Utah Code Annotated, 1953, as amended.

The plaintiff, Gaylen Matheson, was employed as a maintenance man at a junior high school in Cedar City, Utah. While unloading supplies from a pickup on January 29,1976, he was struck on the head by a tootsie pop, which had been thrown from a second floor window of the adjacent school building by the defendant, Mike Pearson.…