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Show TUESDAY, JULY 1971 13. THE DAILY RECORD Five Pag In The Supreme Court Of The State Of Utah Zona Larsen. Robert J. Parent, Plaintiff and Appellant, Plaintiff and Appellant, No. 12125 No. 12033 FILED July 7, 1971 v. Breitling Brothers Construction Company, a corporation, FILED L. M. Cummings, Clerk Defendant and Respondent. July 7, 1971 John W. Turner, Warden, Utah State Prison, Defendant and Respondent. L. M. Cummings, Clerk HENRIOD, Justice: CALLISTER, Chief Justice: Appeal from a no cause of action verdict in an auto collision case. Affirmed with costs to defendant. Plaintiff entered a plea of guilty to a charge of assault with a deadly weapon. He was thereupon committed to the State Prison. Several months later he filed with this court a petition for writ of habeas corpus alleging that he had not been advised of his right to be represented by counsel at the State's This case actually involves three cases: One instituted by the driver of the car and appellant here, one by her husband, owner of the car, and one by a guest passenger. The jury brought in verdicts for the last two, and one against the appellant. expense. This court referred the petition to the Second Judicial District Court for an evidentiary hearing upon the matters contained in plaintiff's petition. A hearing was held and the presiding judge concluded that the plaintiff had counsel. knowingly and intelligently waived his right to There were two points on appeal: 1) That the court should have directed a verdict in favor of appellant, and 2) that it erred in giving certain court-appoint- instructions. We The unobjectionable evidence adduced and viewed more favorably in support of the verdict may be abstracted as follows: of the not driven a car for over 40 years, at the time of the accident was driving her husband's car on a learner's license, and had a passenger, - a requirement where one has a learner's license. She was aware that defendant's truck was following her before she reached an intersection where she intended to turn left. She pulled over to the right of the highway to let the truck driver pass, according to his testimony as to what she said to him. The truck driver said he could have stopped under any circumstances, but suddenly saw plaintiff's brake lights go on, at which time he applied his brakes, almost stopped, but didn't, after plaintiff had Bwerved left-haturn directly in front of him in a jerking fashion and without giving a was who signal, as testified to by defendant and a disinterested witness stopped at the intersection in full view of both vehicles. It is true that much of that related above was controverted, but we cannot divest the jury of its prerogative to believe it. Plaintiff was ed have reviewed the record and are in agreement with the conclusion Affirmed. district court. WE CONCUR: 63, had R. L. Tuckett, Justice F. Henri Henriod, Justice nd Ellett, Justice A. H. 1 such evidence it would not seem to be unreasonable for the veniremen to conclude that the plaintiff was contributorily negligent and that her claim that defendant's driver was the sole proximate cause of the accident made imperative the granting of a directed verdict in her favor had no merit, - particularly in view of the fact that her claim was based on the assumption that it was conclusively shown that the brakes were defective, - which was not the case since there was evidence directly to the contrary. On J. Allan Crockett, Justice Maxwell v. Turner, 20 Utah 2d 163, 435 P.2d 287 (1967). 1. Second Mortages Release of Mortgages It seems apparent what eventuated. The jury obviously found defendant guilty of negligence, - speed, brakes or something else. - since verdicts in favor of the owner of the car and the guest passenger were rendered. It seems 832 to Svc Fad Cr Co-- op Whitting etal equally apparent that on exactly the same evidence, the jury rendered a verdict based on the negligence of the driver, and we think the record reflects complete consistency in the different verdicts. As to the other point on appeal, having to do with erroneous instructions, plaintiff complains that it was error to instruct on 1) "sudden peril" and 2) on the law with respect to "left turns. " As to 1). it would seem that there could be no error, since the defendant was found to be negligent in spite of the instruction. As to 2) the plaintiff does not complain of the instructions ipso jure, but that they did not apply to the facts of this case. The facts abstracted hereinabove seem to justify and almost compel the giving of such instructions since this whole case seems to revolve around a conceded intention to make a turn at the next intersection. SLC Em 839 Wstm Sav In toDavid A Dean H etux 865 1st 868 Seo Tt Tr 8?2 Vfai Sec St to Bk to Carl Cole etux C Gary R Oh ran 0 Page etux to Edvard Inc Collett R Ut St Cr To Em Toeele Airy N must confess that this case, on the record would have required us to affirm the lower court had the jury decided otherwise. 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