• Personal Injury
Aggressive collection and preservation of evidence is critical to support a successful cause of action. Leading experts are regularly retained to fully develop each case.
• Motor Vehicle Accidents
“It is the duty of the driver of a motor vehicle to see or to know, from having seen, that the highway ahead of him is clear and safe for him to travel at the speed which he is maintaining, and it is negligence for him to fail to do so.”
See Henderson v. Meyer, 533 P.2d 290, 291 (Utah 1975).
• Contracts & Real Estate
Contract dispute presented to 12-member Federal jury:
“IT IS ORDERED AND ADJUDGED That judgment is entered in favor of Stake Center Locating, Inc., and against Logix Communications, L.P., in the amount of $700,000.00.”
See Judgment, Case No. 2:13-cv-1090.
• Civil Rights
• Property Line Disputes
Boundary by acquiescence has four elements: “(i) occupation up to a visible line marked by monuments, fences, or buildings, (ii) mutual acquiescence in the line as a boundary, (iii) for a long period of time, (iv) by adjoining land owners.” See Essential Botanical Farms, LC v. Kay, 2011 UT 71, ¶ 25, 270 P.3d 430, 438.
• Agriculture & Water
4-21-202. Refund of fees allowed -- Claim for refund to be filed with department -- Payment of refunds.
(1) A person who objects to payment of the assessed fee may file a claim with the department within 60 days after the fee is collected.
In Utah and other arid western states, “a drop of water is a drop of gold.” See Delta Canal Co. v. Frank Vincent Family Ranch, LC, 2013 UT 69, ¶ 19.
• Defective Products
CV1001 Strict liability. Introduction.
[Name of plaintiff] seeks to recover damages based upon a claim that [he] was injured by a defective and unreasonably dangerous [product]. A product may be defective and unreasonably dangerous
[(1) in the way that it was designed.]
[(2) in the way that it was manufactured.]
[(3) in the way that its users were warned.]
• Dog Bite Injury
18-1-1. Liability and damages for dog injury -- Exceptions.
(1)(a) Except as provided in Subsections (2) and (3), an individual who owns or keeps a dog is liable for an injury caused by the dog, . . .
See Phung v. Rodriquez, Ut. Third Dist. Case No. 040927475; dog bite jury award plus costs and fees for failure to admit liability.
“Mr. Fuller is nothing if not tenacious.”
Opposing Counsel, Still Standing Stable v. Aspenwood, Oct. 21, 2015. (“persistent in maintaining, adhering to, or seeking something valued or desired <a tenacious advocate of civil rights><tenacious negotiators> ” http://www.merriam-webster.com/dictionary/tenacious)