Turnbaugh v. Anderson
Court of Appeals of Utah
1Opinion of the Court
OPINION
GREENWOOD, Judge:
Plaintiff Shirley Turnbaugh (Turnbaugh) appeals from a trial court’s verdict denying her recovery in a wrongful death action brought against defendants Evan Anderson and Red Dome, Inc. for the death of her husband, Le Roy Turnbaugh. We affirm.
On July 6, 1983, decedent was operating a model 175A Michigan front-end loader to strip overburden from a cinder deposit on a mining claim located near Fillmore, Utah. Decedent was killed when the loader rolled backwards into an eighteen to twenty foot open-pit excavation. Based on tracks made by the loader, decedent apparently…
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