Thurston v. Workers Compensation Fund of Utah

OPINION

ORME, Judge:

¶ 1 Warren and Frances Thurston are the parents and lawful heirs of Roger Thur-ston and the plaintiffs in this wrongful death action. The trial court entered summary judgment in favor of all three defendants and dismissed Plaintiffs’ causes of action, based in tort and contract, due to the lack of sufficient evidence that would allow a jury to determine that any negligence of Defendants was the proximate cause of Roger Thurston’s death. We affirm on the merits. 1

BACKGROUND

¶ 2 Roger Thurston was injured in a mining accident on May 3, 1983, which rendered him severely…