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Court considers whether trial judge wrongly overturned jury in pedestrian-crash case
Summary
The Court of Appeals heard argument over a post-trial order that set aside a jury's not-negligent verdict in a crash that injured a child; debate centered on deference to jury findings, expert "line of sight" analysis, and whether the district court substituted its judgment for the jury. The panel took the matter under advisement.
The Utah Court of Appeals heard arguments in a negligence appeal challenging a district court's decision to set aside a jury verdict that found defendant Rusty Cope not negligent in a crash that struck a child.
Appellant counsel Danny Sepernich said the jury had heard three days of evidence, including expert testimony, videos and an animation, and concluded Cope was not negligent. Sepernich urged the appellate panel to respect the jury verdict and…
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