[DOWNLOAD] "Jacobsen Construction Company V." by Court of Appeals of Utah * eBook PDF Kindle ePub Free
eBook details
- Title: Jacobsen Construction Company V.
- Author : Court of Appeals of Utah
- Release Date : January 01, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
STEWART, Justice: This appeal by defendant is from a judgment awarding plaintiffs damages resulting from defendants faulty construction of a fiberglass storage tank. Defendants claim is that the jurys finding of assumption of risk entirely precludes a judgment for plaintiff under both of plaintiffs theories of recovery: negligence and breach of express warranty. The central issues raised are (1) whether assumption of risk is a complete bar to plaintiffs recovery under Utahs comparative negligence statute, Utah Code Ann. (1953), as amended. § 78-27-37, and (2) whether assumption of risk constitutes a defense to an action for breach of express warranty.