Little America Refining Co. v. Leyba

STEWART, Justice:

Plaintiff, Little America Refining Co., appeals a directed verdict at the close of plaintiff’s case in favor of defendant Heim-berg. A default judgment had earlier been entered against defendant Leyba. On this appeal, plaintiff’s sole contention is that there was sufficient evidence of Heimberg’s negligence and of proximate cause to require the case to be submitted to the jury.

On April 2, 1979, at approximately 1:00 a.m., Heimberg, accompanied by two other men, drove his pickup north on State Street in Salt Lake City where they encountered a pickup containing Leyba and two…