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Panel presses parties on inconsistent verdicts, "alter ego" link and punitive-damage allocation
Summary
At oral argument, counsel sparred over whether an "alter ego" finding reconciles a verdict that (a) found both NWR and Natural Choice negligent but (b) allocated 100% compensatory fault to NWR while assigning punitive awards to both; NWR argued alter-ego predominated at trial and that cell-phone evidence undermines a key finding about Luke Nelson's presence.
Taylor Webb, counsel for NWR, told the Utah Court of Appeals that the alter-ego theory was central at trial and that a reversal on alter ego would leave no coherent basis for the jury's mixed findings.
"If that goes away, there's no confidence that can remain in the verdict because that was the sole thing tying everything together," Webb argued, urging reversal or a new trial if the panel finds the alter-ego determination legally unsupportable.
Webb and opposing counsel spent substantial argument time on the special verdict form. The form asked identical causation questions about each defendant…
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