Barrientos ex rel. Nelson v. Jones

1 42 I respectfully dissent from the court's decision to order a new trial in this case. First, although I agree that defense counsel asked objectionable questions at trial, I would defer to the trial court's finding that no substantial prejudice resulted from those questions and affirm its denial of the motion for new trial. Second, as to Ogden City's vehicle pursuit policy, I would find that it complies with Utah Code section 41-6a-212 and that the City accordingly qualifies for a privilege under its terms. That conclusion forecloses plaintiff's remaining arguments on appeal, and I would…