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There are many
laws on the book that are outdated and simply
unjust. Typically it is up the legislature to
remedy this problem. However, much of the law we
have has developed from what is called “the
common law” or the legislature is simply unaware
of certain bad laws. As the Courts hear cases,
opinions are issued from the appellate courts
and a body of law begins to develop. There are
numerous areas of our law that are simply not
fair. In an attempt to remedy some of these
injustices, Mr. Prisbrey over the years, has
filed numerous appellate cases with the Utah
Court of Appeals and Utah Supreme Court. Several
of these cases have been instrumental in the
development of personal injury law as well as
workers’ compensation law. Below are the links
to several of those cases:
Hale v. Beckstead
l View
PDF
(The Utah Supreme Court held that it is
inappropriate to dismiss a premises liability
case solely because the danger encountered was
open and obvious. The Court must consider all
factors involved in the case.)
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Kessler v. Mortenson
l View
PDF
(The Utah Supreme Court held that the law prior
to Kessler, which provided no cause of action
for a child injured on a construction site was
wrong. The Supreme Court reversed this law,
granting a cause of action to such a child and
also firmly establishing the “Attractive
Nuisance Doctrine.”)
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Sizzler Restaurant
v. Thomas
l View
PDF
(The Utah Court of Appeals interpreted for the
first time the 1994 Utah permanent total
disability statute. In that case, definitive
guidelines were established as to a viable
vocational rehabilitation plan in a workers’
compensation setting).
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Depew v. Sullivan
l View
PDF
(The Utah Court of Appeals established the
framework of questions which are permissible to
ask of a jury in a personal injury case,
specifically relating to religion).
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