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Show - 'W- t ' , i ; . p . '. $-'- ' page six THURSDAY, MARCH 2, 1972 THE DAILY RECORD :,k; . ' :. ' - V i .... -r - . ji i r ' Power s Hook-up- ,i - John; Armstrong 171 Eaftt 500 South Trust Deeds ' , 4 Noel M. Taylor etux to American Savings & Loan 638 8' ... ' $432000 Circle 'V. .i Robert L. Crain SoiitHfil East 500 171 ""V; Chrla Gorber 218 East 500 South.! Richard Burin 5123 Chenook v 645 Alvle J. Carter etux to Utah Bank b Trust $15000,00 327 W. 7th S. SLC i Western Savings $14( 000. 00 1378 W, North Temple SLC v , . 596 South Roger K. Nielson etux to Western Savings $1250100 660 Harold Bruce Massey 596 Willbw Lane '. 1795 S. 6th E. SLC 4 Will ion J.Thoeas y 661 Jordan Builders Supply to Draper Bank b Trust $1075100 West Jordan, Utah .. 5505D V.L. Hal L. Herbert 00 Creekside Cir. : Hill Gary R. Jerri 664 Jay C. Bergquist etux to State Savings $244001 00 F ' Creekside Cir 20 ' A 'i1 815 Yale Eric S. Kiesler etux to 667 Western Mtge. McGhie Land Title $16500100 7817 S. 3725 W. West Jordan, Utah Nessen 5329 South 580 East A. E, Rolkvood 0 East 6217 South Jerry Richard G. Fairbourn 668 etux to Western Mtge. McGhie Land Title $135000 2907 Pete Kelley Hazelnut Circle 62 East 6325 South Frances Peterson 30 West 6100 South Richard G. Fairbourn 669 etux to Western Mtge. McGhie Land Title $13500100 5830 V Sesame Street Kenneth Slaons 622 South 1090 West Richard G. Fairbourn 670 etux to Western Mtge. McGhie Land Title $135000 5904 Trust Defect v. - :;V .. Sesame Street Glen L. Jensen tuX.tFirst National Bahfc, 00 I As Mrs. Gibbons drove southward toward the intersection referred she moved into the left turn lane and stopped for the red light. When to, turned it light), she proceeded into the green (there was no intersection, and was continuing with her left turn eastward, when the defendant's truck coming from the south struck her car broadside. Plaintiff's passenger, Mrs. Sorenson, died as a result of the collision. A separate action was filed on the latter's behalf, which' was consolidated, with this one. The summary judgment was granted against the plaintiff Gibbons only. left-turn-on- '354 Tr6y WaySLC Joe Randall Henstrom tu to Western Mtge. Securit Went Jordan, Utah $2400a00 4896 Pinewood Dr.. 680 Roy Abernathy etux to Walker Bank b Trust .$7165.20 581 Cleveland Ave. y Robexfr 597 etux to Walker Bank b Trust S. State $125, 000.00 253-5- 5 684 Kenneth S. Taylor etux to Walker Bank b Trust $7650 4585 W. 5215 S. Kearns . Street, SLC Frank T. Kerr etux 610 Murr-n-- 3 3. First v V' Kay Lewie 1449 W. 4th S. . 686 ' Stephen M. Bradley etux" to Western Mtge. McGhie Land Title $1650000 3723 W. 8030 S. West Jordan, Utah Donald Birrell etux to . Mvrray First Thrift Kay Ldwis $7322.49 3061 Whiteha ie i " Fred D. Alldredge Dexter S. Hofton etux to Murray' 1st Thrift Kay M. etux to First Sec. St. Bank McGhie Land Title $350000 8812 S. Bine Jay Lane, SLC Joseph L. Riee to Murray Idt Thrift Kay M.: " ' Lewie $546a 85 1548 Calif " Aye. SLC 695 Gary M. Walker etux to Prud. Fed. Savings $35900 00 7396 Cam elback Drive, SLC 688 6?.9 . .:, Lewis $3057.04 3 635 Eugene F.' Seal etux to Beneficial Finance Western States Title $11508. 00' 1364 E. Capella Way, Sandy . John Q. Fullmer etux Sec. Bank Security 706 to . First Title $1600000 532 E. . 9900 S. Sandy, Utah 637 Doyle R. Mason etux Beneficial Finance Western States Title $750C00 1379 S. Paul B. Cro aland etux to First Security Bank Security Tide $1600000 550 E. 9900 S. Sandy, Utah 708 10 1 lth: W. ?LC Kent C. Anderson etux to First Security Bank 710 NEED Security Tide $1600000 9848 S. 540 E. Sandy, Utah MORE SPACE? A. WARREN COLLINS I Ilf I CO.M.MK1UTAL ixihstuiai, I.KASKS - .- 721 Paul R. Matson etux to Mortgage Ins. Security Tide $2020000 2808 E. . A1WKTMKXTS CONTINENTAL REALTY 487-596- ' 3220 S. SLC 3. . 1473 Western Tecton to 718 Utah Mtge. Security Tide $15750 00 3575 S. 4000 W. Granger, Utah k Development Kiflatc Stile 724 LeRoyA. Baker etux to First Federal Savings , South 11th East Sail Lake City, Utah Mips . I looked in the direction which I was going, Did you look in any other direction? Q. Would that be to the west? ' $292pO SLG '"4 00 2548 Starling Dr. that would be watching for the traffic coming from the south, if I remember my directions right. A. No, Q. Did you see any coming from the south? A. I never saw anyone. They told me that is where the truck came from, but I did not see him. I did not see him. Consistent with that testimony, she stated in her affidavit: 1. (In Pursuant to the Governmental Immunity Act Chapter code as Secs. 63-30- -1 et. seq. 139 S. L. U. 1965. 1953L) never saw the truck that hit me. My blinker on for my leit turn. 1 had looked to the south was signal to see if any traffic was coming from the south. I saw no traffic coming in my direction and proceeded with . . ' 1 j A. A. And I looked in the direction to the right of me to see that there was no one coming that would be in front of me. 2436- - - -- Go Q. Drive Robert L. Mork etux Nat. Bank ahead, tell us where you looked? Q. . 679 Steven J. Burgess etux to Western Mtge. McGhie Land Title $165000 3912 Boothill $16500100 7172 S, 1371)1' First , east. 675 Robert C. Beers etux to American National Bank $13649.40 868 E. 9th S. SLC 585 588 ly The critical aspect of this case, and the point upon which the defendants place reliance in support of the summary judgment, is the plaintiff's own statement concerning keeping a lookout. In her deposition, she said: Rulon Peterson etux to Utah Mortgage Loan McGhie Land Title $175000 4591 S. Balham Road, Granger, Utah Douglas T. Hiclonsn etux to Valley Bank and Trust' $17: HQ. 00 3483 W. 4400 S. to Zlons L. M. Cummings, Clerk 673 - 582 Title A" Plaintiff Ethel M. Gibbons sued Orem City and its truck driver; Gary Scott Crawford, for damages and injuries which resulted when defendant's northbound truck collided with her southbound and left turning automobile in the intersection of 800 North and State Street in Orem, Utah, at about 12:50 p. m. on October 7, 1968. On the basis of the pleadings, depositions, and affidavits, the trial judge granted the defendants' motion for summary judgment solely on the grounds that the plaintiff was contributory negligent. The plaintiff appeals, contending there are disputes of material facts which should go to a jury for etux to Western Mtge. McGhie Land Title $1300 00 5 907 $2 3 3 2 5. 00 $3 82 5CX 11, 1972 CROCKETT, Justice: Richard G. Fairbourn 671 Ronald G, Ross. etux to Home Benefit Savings - ' 554 579 Zion a . February Orem City Corporation, and Gary Scott Crawford, Defendants and Respondents. Sesame Street 2436- FILED 4 $1330a00 2936 W. 3040 S. East 235 No. 12476 Ethel M. Gibbons, Plaintiff and Appellant, Scott P. Allred etux to Western Mtge, Utah Title 650 Way Russo S Temple Enterprises to 648 ' . L, K. Richter 5130 Corribboan Louis I . Way Viewer st . . , 3709 In The Supreme Court Of The State Of Utah . I my turn . . . For the purpose of analyzing the problem here presented, we must accept the fact that plaintiff said she did not see the defendant's truck or other "traffic coming in my direction. '' The question then becomes whether, notwithstanding that statement, there is a reasonable basis or upon which a jury could remain unconvinced that she was negligent, L that her negligence was a proximate cause of the collision. Under the facts as asserted by the plaintiff , there is a basis upon which a jury could reasonably view them thus: that from her stopped position the plaintiff had proceeded about 70 feet before the collision, accelerating from a speed of 0 to about 20 m. p.h. , an average of about 10 m. p. h. , and thus elapsed about 5 seconds of time; that as the truck approached it was exceeding the posted speed limit of 40 miles per hour, that it skidded a distance of 61 feet before the collision, and then skidded about 29 feet more while pushing the plaintiff's car. On the basis of the figures given, and reasonable deductions therefrom, the defendant's truck would be about 350 feet south of the intersection at the time the plaintiff proceeded into it, which fact her affidavit also asserts. view a jury might take of this situation, we do not presume to say. Moreover, it would be improperand would serve no useful purpose for us to suggest how we would conclude, if we were jurors. But taking cognizance of their prerogative pf acting with the limits of what reasonable minds might believe, we make these observations: there was another car, referred to as "the Erickson car, " on the opposite side of the intersection, which may have obscured her view of the oncoming truck at least until she had made her turn clearing it, at which time she was' Just what struck by defendant's truck. Further, the jurors could also believe that even if the plaintiff had seen the defendant's truck 350 feet to the south, and that therefore, whether she saw the truck or not, it would be within the ambit of reasonable care for her to assume that it was traveling within the speed limit, and that she had time to clear its pathway and the intersection without danger of collision; and that consequently, failure to see the truck would not be a proximate cause thereof. 3 Helpful on this problem is the case of Singleton v, Alexander, There we considered the propriety of granting a summary judgment because , .A T f . U ...M . A t - J - . |