Jacobsen Construction Co. v. Structo-Lite Engineering, Inc.

STEWART, Justice:

This appeal by defendant is from a judgment awarding plaintiffs damages resulting from defendant’s faulty construction of a fiberglass storage tank. Defendant’s claim is that the jury’s finding of assumption of risk entirely precludes a judgment for plaintiff under both of plaintiffs’ theories of recovery: negligence and breach of express warranty. The central issues raised are (1) whether assumption of risk is a complete bar to plaintiffs’ recovery under Utah’s comparative negligence statute, Utah Code Ann. (1953), as amended, § 78-27-37, and (2) whether assumption of risk…