May 12, 2014
- 228 Judgment
- 228V On Motion or Summary Proceeding
- 228k182 Motion or Other Application
- 228k185.3 Evidence and Affidavits in Particular Cases
- 228k185.3(21) k. Torts.
Deposition testimony by plaintiff, a passenger in pickup truck at time of rollover accident, about dream he had several months later in which he crawled out of pickup truck and was immediately struck by semi-truck, was not admissible as a “recovered memory” in opposition to summary judgment motion by semi-truck driver’s estate and trucking company for which driver worked, in negligence action in which eyewitnesses and responding highway patrol trooper indicated plaintiff was ejected into median of interstate during rollover, prior to collision involving semi-truck and pickup truck; plaintiff’s memory was only of the dream, and putting dream aside, he had no recollection of accidents.
Ladd v. Bowers Trucking, Inc., 264 P.3d 752 (Utah App. 2011)
Suggested by Jill Bergquist, Principal Attorney Editor; Thomson Reuters; Eagan, Minn.