Appellate Cases

casesThere are many laws on the books that are outdated and simply unjust.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 has filed numerous appellate cases with the Utah Court of Appeals and Utah Supreme Court over the years. 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    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.)

Kessler v. Mortenson    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.”)

Sizzler Restaurant v. Thomas
    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).

Depew v. Sullivan
    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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