DeMille v. Erickson

CALLISTER, Justice.

This action arose as a consequence of a grinding head-on collision on Highway 91, approximately 15 miles south of Cedar City, Utah. There were no survivors and no eye witnesses. Plaintiff, the administrator of the estate of Terry and Constance DeMille, husband and wife, commenced this wrongful death action against the estate of Frederick Kenneth Spendlove. During the course of the trial, at the close of the evidence, both parties moved for a directed verdict. The court found that all the testimony indicated the collision between the two cars occurred near the center of the…