Legal Opinion

Berrett v. Denver & Rio Grande Western Railroad

Court of Appeals of Utah

Decided April 3, 1992No. 910215-CAPublishedCited by 16 opinions

1Opinion of the Court

*292OPINION

BENCH, Presiding Judge:

Plaintiffs brought suit against defendant for damages suffered as a result of a landslide in Utah County. Defendant prevailed at trial. Plaintiffs appeal the trial court’s decision to preclude one of their expert witnesses from testifying. We reverse and remand for a new trial.

BACKGROUND

On April 13, 1983, a massive landslide began to move down the hillside in Spanish Fork Canyon, just downriver of the small town of Thistle. The slide progressed into the canyon and blocked the Spanish Fork River. A small lake formed that inundated and destroyed Thistle. The lake…

2Cases cited18 opinions

  1. State v. VerdeUtah Supreme Court · 1989
  2. Morton International, Inc. v. Auditing Division of the Utah State Tax CommissionUtah Supreme Court · 1991
  3. Dugan v. JonesUtah Supreme Court · 1980
  4. Pratt v. SteinSuperior Court of Pennsylvania · 1982
  5. Nickey v. BrownOhio Court of Appeals · 1982

13 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Maxfield v. HerbertUtah Supreme Court · 2012
  2. Clayton v. Ford Motor CompanyCourt of Appeals of Utah · 2009
  3. Office of the Guardian ad Litem v. H.M.Utah Supreme Court · 2007
  4. Stevenett v. Wal-Mart Stores, Inc.Court of Appeals of Utah · 1999
  5. A.K. & R. Whipple Plumbing & Heating v. Aspen ConstructionCourt of Appeals of Utah · 1999

11 more not listed; retrieve them via the Exa API.

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