Braithwaite v. West Valley City Corp.

DURHAM, Justice:

Plaintiffs Caleen Braithwaite and Kenneth Lee, individually and as guardians of their minor child Misty Lee (the Braithwaites) appeal the trial court’s grant of defendant West Valley City Corporation’s motion for judgment notwithstanding the verdict and its conditional grant of a new trial. We reverse in part and affirm in part.

On December 16, 1986, seven-year-old Michael Shay Lee and his eight-year-old sister Misty were walking west on the south side of 3785 South toward the Douglas T. Orchard Elementary School when Michael was struck and killed by a car. In September of…