Johnson v. Matlock
Court of Appeals for the Tenth Circuit
1Concurring in part, dissenting in partBaldock, District Judge
I agree with the majority’s decision on the second issue concerning the admissibility of reconstruction photos. I disagree with the majority’s decision on the first issue: whether the district court erred in failing to rule as a matter of law that the *1435juncture of the two roads constitutes a statutory intersection. In concluding that the issue was a question of fact properly submitted to the jury, the majority announces new Utah law. Because I believe the majority enters the domain of the Utah State Legislature, I respectfully dissent.
The majority creates a new test for determining a…
2Cases cited4 opinions
- Thompson v. Ford Motor CompanyUtah Supreme Court · 1964
- Hall v. WarrenUtah Supreme Court · 1981
- Douglas v. GigandetUtah Supreme Court · 1958
- Hathaway v. MarxUtah Supreme Court · 1968