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Show f Ferialb Ordor Dipartiwnt University of Utah Fait LakeCity, Utah 8fll2 . SALT LAKE VOLUME 16, NUMBER 78 CITY, UTAH Public Invited Capsule Attorneys' Fee In Lawsuit One Third Contracted on Settlement State Insurance Fund To Pay Pro Rata Share ''SHIRLEY ANN PRETTYMAN, Administratrix of the Estaie of Ted LeRoy Prettyman, deceased, Calvin W. Rawlings, et aL, Plaintiffs, vs. UTAH STATE DEPARTMENT OF FINANCE, et aL, Defendants and Appellants. U.C.A 1953 . . . WorkProblem: Interpretation of Section mens Compensation. Supreme Court: In accord with the Worthen v. Shurtleff and Andrews, Inc. case in 1967 . . . State Insurance Fund should bear iis pro rata share of whatever attorneys fee was reasonable in obtaining settlement. Chief Justice E. R. Callister Jr. dissenting: . . . Believe the McConnell v. Commission of Finance (1962) . . . proper interpretation . . . inconceivable that the provisions of Section 2 d may be so construed as to permit a contingency fee of of a compensation award to an attorney from the Insurance Fund." Under Commission to fix the fees . . . and are not contingent. Justice F. Henri Henroid concurs in dissent. Plaintiff Counsel: Rawlings, Roberts & Black 35-1-6- 2, 35-1-6- one-thir- 35-1-8- 530 7, Law Day will be observed at the Juvenile Court, 3522 South Sixth West (700 West) by the presentation of a program, "The Child in the Juvenile Justice System, according to Kenneth Handley, chairman of the event The program, to which the public is invited, will trace the experience of a juvenile offender from his arrest and dentention through hearg ing to probation and other procedures, and will include informal discussions and a tour of the court and facilities. The entire program will last one hour and will be presented on Law Day, May 1, to small groups, the first of which will begin at 9:00 A.M. and the others of which will be scheduled to begin each half hour thereafter until 8:00 P.M. Persons interested in attending should telephone the Law Day 1 for an apSecretary at how many her pointment, telling will attend and in the party people what time they prefer to begin. Judge Bldg. Sec. er all citizens. problems through our legal inAn estimated 30,000 separate Law stitutions and democratic processes Day programs are expected to be will save us as a nation and close the gap between promise and fulfillment of the American ideals of freedom, justice, and equality for all. Morrison observed that Law Day also affords every citizen a time to reflect on the meaning of law and what can be done to make it work better for all Americans. Rhode Island Senate Votes ID News Curb - Aluminum Production Up Sharply 72-02- d Insurance Executive Eubank Repeats Honor For Spedal Service covstate increases ) i sj new uuftl increa&riaxes expected U$eid a retfSfa $5 billion annually. The Foundation estimates state tax receipTh fiscal year 1972 at $57 biUionrf'hey were $23 billion in fiscal 196nr . Legislatures in 15 states have or a variety of major tax will consider in Alaska, California, t Colorado, Connecticut, Indiana, Kansas, Kentucky, Massachusetts, New Jersey, New York, South Carolina, South Dakota, Texas, Virginia and Washington. Lesser measures were up for discussion in Florida, Idaho, Maryland, ' Michigan, Missouri and Utah. Three of the 10 states remaining without a broud-base- d personal income lax were to consider its New Hampshire, New adoption Jersey and Washington. South Dakota has again rejected the tax. Eight states will consider increasing yields from their personal income taxes and eight from corporation income taxes. 1953, not impose a limitation on the amount which the state institutions of higher educa- does tion may contribute to the Utah State Retirement System for benefit of an employee'. CHARLES S. EUBANK, GP.C.U. See details page 6. Requested by: k Proposals in at least a dozen states would boost revenue from sales and use taxes. Drivers may be paying a one or two-ceincrease in gasoline taxes in 11 states: Smokers in 11 states face the probability of cigarette tax increases, some as healthy as 50 or 100 percent. Drinkers in five states may see the reflection, as New Yorkers already have, of higher state taxes on alcoholic beverages. nt President, Eubank InsunuiceBonds Salt Lake City and Ogden Aetna Life & Casualty Company recently announced that Charles S. Eubank, C.P.C.U., has been selected Mr. A. C. Dye, Chairman, Salaries and Contracts Committee Classroom Teachers Association, Utah Technical College. to Aetnas 1972 Presidents Club. (Membership in this club is the high- Prepared by: Vernon B. Romney, Attorney General, K. Roger Bean, Assistant Attorney General 'Rise and Shine' Business Gets Sleepers Out By Mary Susan Webb SACRAMENTO, CALIF. (ACCN) Mrs. Zelda Horsley sits up all night waking people by telephone. She gets truck drivers and military men and doctors out on the job in the wee hours. She reminds some people to take their medicine. Zelda, which is what her customers call her, started the business about seven years ago while laid up at home after being struck by a car. Everyday I call I try and say . something with humor. Sometimes I NEW YORK (ACCN) Net tell them 'Hey, its raining. Get shipments of aluminum sheet and your boots on. plate in February 1972, at an . Some say Give me a feft estimated 375,141,000 pounds, were minutes and I do. Then I call 33.9 per cent greater than the them back and get them on their shipments of 280,093,000 pounds for feet. the comparable 1971 month, S. L. Zelda, who explained that she is in Goldsmith, Jr., executive vice said she young middle age, of the Aluminum president her income with the supplements Association, reported. Foil shipments for February, wake up service. The charge is $7 a totaling an estimated 45,314,000 month. pounds, were 3.9 per cent less than It's rare that I meet a the shipments of 47,171,000 pounds customer, she said. Most pay by for the same month last year. mail. - restructuring of school finance, formal proposals for the new state taxes required seem most likely to be considered this year in California, New Jersey and New York, the Foundation said. All three proposals involve a measuroWPoff-settin- g local property taTfenef. The remain CpS.5 billion in tax proposals 0. UCA 53-35-- 1, Donald The PROVIDENCE, R.I. (UPI) passed legislation, April 12, prohibiting the news media from identifying persons arrested or indicted until after their cases are disposed of in court. The measure was approved, 21 to 13, after lengthy debate, and sent to the House for consideration. If the bill becomes law, violators could be fined $500. Atty. Gen. Richard Israel said the proposed law would hamper law enforcement and deprive the public of its right to know. It may violate the state and U.S. Constitutions, he added. Its sponsor, Democratic State Sen. Joseph F. Rodgers of Providence, said the Mil will protect accused individuals who are later acquitted. He said reputations can be ruined by identifying persons who ire found innocent later. court-ordere- OPINIONS Morrison, held across the nation this year in president of the National Education hundreds of communities large and Association, said here, April 14, that small with the assistance of some the gap between promise and 1,800 state and local bar association fulfillment of the American ideals of Law Day chairmen. The chief executive officer of the freedom, justice, and equality for all can be closed by resort to the one million-membprofessional organization of teachers, school practice and ideals of the law. Morrison's statement was made in administrators and educational recognition and support of Law Day counselors said that the observance USA on May l. This years ob- of Law Day serves to remind us of servance, the 15th since the event our responsibilities to seek orderly was established by Presidential and constructive solutions to the on serious concerns of our times. calls proclamation, to the rededication ideals of National unity of purpose and and justice under law by commitment to solve these equality State Senate are bracing for ATTORNEY GENERAL Educator Group Head Stresses Law Day Value CHICAGO YORK (ACCN) 21 of 41 states in the Legislatures this sessions holding year have or will consider tax increase proposals totaling $7 billion annually, according to a national survey by Tax Foundation, Inc. of the Bulk $4.5 billion election unusually high year total comes from initial proposals in three states for statewide financing of public schools. While many states 262-260- OPINION NO. . I NEW post-hearin- Brigham E, Roberts, Wayne L. Black Defendant Counsel: Richard Leedy, 12 Exchange Place See details page 3.. H School Finances Top States Tax Raising Load Juvenile Court Observes Law Day Program Utah Supreme Court Decisions - MONDAY, APRIL 24, 1972 est honor Aetna bestows upon its agents, and signifi es that Charles Eubank has placed more than one i million dollars of new life and annuity business with Aetna during the preceding year. Mr. Eubank is President of Eubank InsuranceBonds of Salt Lake City and Ogden. Under his able leadership, the coippany has grown to 22 full time employees with two divisional offices and service facilities throughout the Western United States. In addition to Aetna, Eubank now represents 32 of the largest insurance organizations in the world. Eubank is affiliated nationally with Marketing Management, Inc., and offers worldwide services through Assicurazioni Generali of Trieste and Llovds of London. Eubank Insurance is recognized in this area as one of the leaders in the surety bond business, and in providing comprehensive maforac-tic- e coverage for area physicians and surgeons. Mr. Eubanks personal leadershio and acumen have also brought the company to the fore in supplying specialized bonding and insurance for commercial contractors and private aviation companies. In line with the award. Mr. Eubank has been invited for the fourth successive year to attend Aetnas special Leaders Seminar. This is the second time that he has been selected to the Presidents Club and received Aetnas highest honor. t I Jury Found Key In Occupier Liability Cases CLEVELAND, OHIO (AOCN)- -A recent study of cases involving tort liability of the occupiers of premises indicates the recovery rate by plaintiffs to be more than 50 per cent overall but with substantially larger rates for particular types of cases. This study shows that the type of defendant whether store, hotel, home is the owner, etc. church, to key factor the jury reaction. Some groups are held almost twice as often as others. Contrary to popular belief, occupier liability cases cannot always be classified as the traditional slip and fall cases where the plaintiff slips on either the stairs or sidewalk and falls into a substantial jury I i 2 verdict The new study of occupier liability by Jury Verdict Research, Inc., of this city, reveals that many of the cases do result from slips on slippery surfaces, but other cases of this type result from elevator injuries; attractive nuisances, objects dropped onto the plaintiff, defective doors, windows, and bathtubs. This study is one of the more than 160 contained in the Personal Injury Valuation Handbooks. i i i x |