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Show Ferialb Ordgr Djrtmgnt University of Utah palt L8keCity Utah Bdll2 SALT LAKE VOLUME 16, NUMBER 73 DRI-Sponsor- V 'Utah Supreme Court Decuiont CONVEYED PRIOR TO DEATH ratriettnf wit-- DELBERT DEL PORTO, Administrator of the Estate of ANGELINA NICOLO, Deceased, Plaintiff and MONDAY, APRIL 17, 1972 Attorney General ed MILWAUKEE Plaintiff relied on Dead Man, Statute UTAH Article States Case for Fault Eiftf Matter TITLE city, (ACCN)-Respons- ible scientific research and of analysis the past three years have reinforced the position that drastic changes in the present system of automobile accident compensation would result in significantly' in- Vernon B. Romney Says Hell Run Again creased accidents, injuries and fatalities, according to a recent article published under the auspicefc of the Defense Research Institute (DRI). TOM NICOLO and ELVA NICOLO, Defendants Trial Court: to death. Judgment for defendant Deeds conveyed title prior Alleged intrusion of Dead Mans Statute" by defendant testifying has no substantial persuasive effect upon findings made by trial court Plaintiff counsel: Brant H. Wall, 530 Judge Bldg. Defendant counsel: Mark L Miner, 301 Newhouse Bldg. See details page 3. Supreme Court: Affirmed. Judge Supports Taping Trials For Jury Use PA. (ACCN) RADNOR, Television court trials may help to jpeed 19 justice, l reduce court, iockets and make ' it ' easier for participants, attorneys, judges and juries, TV Guide magazine reported in its March 25 issue. A recent court experiment in Sandusky, Ohio, saw the entire case involving a traffic accident being videotaped for a two and one-ha- lf hour presentation1 to the jury, brought together that day fur the viewing. Prosecution and defense attorneys made live opening statements but the remainder of the case was presented to the jury via television. Judge James L. McCrystal, who "Weve demon presided, said: new whole a strated way to conduct a trial. There have been procedural changes in trials before, but this is the first basic change in the history of American law." Judge McCrystal had considered the possibility of a for several months. He presented his idea to the Ohio Judicial Conference, a professional group of judges throughout the state, and they made a $1000 grant for the experiment He then enlisted the help of Richard Reichert, an official of a firm experienced with video equipment. The end result was the television trial. "The plaintiff, defendant, witnesses, lawyers and judge all took their turns before the camera over a k period. There was no necessity for all to be present at the same time, as in a conventional trial, so each witness could show 19 at his own and the lawyers convenience. Judge McCrystal didnt have to be present while the lawyers were questioning witnesses," the TV-tri- al two-wee- magazine reputs. After the taping was completed, Judge McCrystal watched it in his chambers and decided if attorneys objections were warranted. The final "show" the jury saw did not include courtroom histrionics and Judicial overrules. The jurors, attorneys and judges were pleased with the results. "The television approach could allow a much more efficient use of judges time," said C. William ONeill, Chief Justice of the Ohio Supreme Court. Life Companies Now Total 1818 1 ed study, Psychological as Aspects Compared With the of the Fault System YORK (ACCN) The number of legal reserve life in- System of Automobile Insurance." He concluded in the 1969 study that surance companies incorporated elimination of the fault concept and doing business in the U. S. would reduce psychological deterrents to careless driving, thus reached a total of 1,818 in mid-197according to the latest survey by the increasing highway accidents. Institute of Life Insurance. In the new publication, Lawton The total represented a net gain of 7 over a year earlier. There were 57 discusses some of the subsequent new companies and 50 that works on the subject of culpability discontinued operations, mainly by and its effect on highway safety and postulates that current findings lend merger with other companies. mid-1971 additional support to his position. 154 were Of the total, mutual companies and 1,664 were Specifically citing the 1970 Departstock companies. There were 30 ment- of Transportation (DOT) companies (22 mutual, 8 stock) that study, "Causation Culpability and Deterrence in Highway Crashes," were at least 100 years old. While every state and the District conducted by Professor David Klein of Columbia had at least two com- and Dr. Julian A. Waller, Lawton panies domiciled in it, a large share challenges the arguments that fear and of criminal sanc(42 per cent) were incorporated in of four states Arizona, Texas, tions are sufficient, deterrents to careless driving. Louisiana and Illinois. He points out that many people believe that tragedy will never strike them and, thus, are able to ignore the threat of "This type of rationalization has enabled millions of people to freely smoke cigarettes despite the danger of lung cancer. As applied to the of automobile, widespread non-us- e seat belts demonstrates the fact that ANCHORAGE, ALASKA (UPI)-Se- ven most drivers simply do not believe oil companies have filed suit will ever be involved in a in Alaska Superior Court to halt they of this, it serious accident. In formation of a acre should not be so light assumed readily borough encompassing the North that fear of is a sufficient Slope of Arctic Alaska. deterrent to vehicle mismanageThe suit was filed just one-ha- lf he argues. hour after the court opened for ment," The New York traffic consultant business on the last day for filing reasserts his position that social challenges against a decision by the pressure is the greatest single force state and local boundary commission. ' The decision designated influencing driver behavior, citing statements from the Klein and that area north of the Brooks Range Waller study to bolster his as a first-clas- s borough. The latter is argument. The DOT study, he notes, a political subdivision in Alaska. cites past evidence linking social The oil companies object attitude and accident involvement. primarily to the taxing powers "Not only do Klein and Waller which boroughs enjoy in Alaska. The formation of the borough on recognize the role of social influence the northern rim of Alaska was upon driver behavior," Lawton observes, "they also are aware of petitioned for by the Arctic Slope Natives Association in July, 1971. the effect of a change in the law upon the attitudes of the individual. In The petition said the tax base would their own word, Lawton declares run between $260 million and $327 research clearly demonstrates that million. when the environment is changed, The population base would be by legislation or by administrative 3,500, the petition said. fiat, attitudes change to correspond Gov. William E. Egan has subto the new environment.' We need mitted a bill to the legislature which not wonder whether attitudes would allow the unorganized toward safe driving behavior would borough to tax only enough to run its change under a lt concept." local NEW 1, self-inju- ry Sue To Block North Oil Firms self-injur- y. Slope Borough on self-inju- ry no-fau- A 1 An Lawton. Entitled "No-Fau- lt More To Invitation Accidents," it was published by the Defense Research Institute (DRI) of Milwaukee, Wis., in the Marquette University Law Review. Lawton, an associate of the New York Highway Research Board and a member of the Institute of Traffic Engineers, has conducted extensive research in the field of highway safety, including the No-Fau- lt government. A The article was written by New York traffic consultant Lawrence Vernon B. Romncif Will Seek Reflection I dont intend to get involved in any dogfight with an opponent," commented Utah Attorney General Vernon B. Romney as he announced his candidacy for reelection. His announcement ended "spec-- r ulation whether the Republican now completing his first term would again seek public office. "I think I have the best job in state government . . . The only issue Im going to raise is my record as attorney general, he declared. A Smaller Field He noted some definite differences compared with the election scene four years ago when eight candidates sought the attorney general post, four from both major parties. "It was a tough ride, he said, noting his close primary election brush with defeat He indicated that this year he did not expect an opponent in the primary, saying his party was Florida Senate Fails to Grant Damages Claim TALLAHASSEE, FLA. (UPI)-T- he Florida Senate, in a deadlocked vote, has decided that a Miami woman convicted on perjured testimony should not get $50,000 for the year she spent in prison on a bad check sentence. The vote was defeating the claim bill on behalf of Mrs. Heather Laytner. The sponsor of the bill said Mrs. Laytner was convicted of passing a worthless check and spent a year behind bars, but that her conviction was obtained on perjured testimony by a bank clerk who said the check was no good. "Our system is designed to give' due process, not to come out with the right result everytime," said an opponent of the claim, Sen. Harold S. Wilson. There was no fault or negligence on the part of the state attorney in this case the state attorney was. just doing his job." "This whole thing has pretty well Lee destroyed her," Sen. Weissenbom replied. Weissenbom had sponsored the bill. He said the experience has cost her more than the $50,000 claimed in his bill, and that her marriage has ended because of her conviction. 17-1- 7, I "united. Mr. Romney is chairman of. the western region of the National Association of Attorneys General and is a member of the executive committee of the organization. Practiced 15 Years A law graduate of George Washington University with a juris doctor degree, he also is a political science graduate of the University of Utah and attended Brigham Young University, Pomona College and Georgetown University. The attorney general has argued cases before the United States Supreme Court, United States Court of Appeals and is a member of the bars of Utah and the District of Columbia. He has practiced law 15 years in Salt Lake City with Romney and Nelson. He was an assistant attorney general for five years under attorneys general E. R. Callister and Walter L Budge, was an attorney for the Federal Communications Commission, was assistant to former Utah Senator Arthur V. Watkins and was once a reporter for the Deseret News. Infantry Veteran He is a veteran of the 96th Infantry Division, U.S. Army, during World War II, serving on Leyte 'and Okinawa. Mr. Romney said he has taken a Strong stand on matters of principle while avoiding controversy for its own sake. He said in a campaign statement he was the first attorney general to enter actively into the field of consumer protection and his office has filed several recent lawsuits alleging fraud or violation of the states lottery and securities law against businesses ranging from housewares distributors to burial plan operators. Cites Lake Case Asked what he considered his single greatest achievement, he answered, "My successful prosecu- tion in the United States Supreme Court of the Great Salt Lake Case. This resulted in the state getting title to the minerals in solution in Great Salt Lake; Hie federal government had wanted title to the minerals, a kind of lake napping, he said. The estimated value of the minerals ranges between 50 to 90 billion dollars. He also noted his office had supported efforts to bring American Air Lines into Salt Lake City, the first new trunk service to the area in 42 years. A reporter asked if his assistant attorney general Robert Campbell, didnt have a conflict of interest by resepresenting the state through his office and Utah Agencies, an organization which helped bring about the additional air service. Defends Bob CampebU I think Mr. Campbell has done an outstanding job for the attorNo me who has ney general. any knowledge about the matter would say otherwise. He also helped bring in Texas International Airlines. The attorney general said he saw no conflict of interest Involving Mr. Campbell, as stated by Salt Lake City Commissioner James Barker. When asked who would run for governor on the Republican ticket, Mr. Romney replied: T would bet that Mr. Nicholas) Strike and Salt Lake County Chairman William Dunn will run. The attorney general was correct-b- y KSL newsman Jack Ford: "Isnt betting illegal?" Tm in trouble already," Mr. Romney laughed. ... Com-misis- I on |