Jackson v. Hicks

HOWE, Justice

(concurring in the result):

I concur in the result which affirms the trial court’s award of a new trial on the issue of causation, or as the trial judge termed it, on “damages.” I reach this result because there is competent evidence which would support a verdict in favor of the defendant. Price-Orem Investment Co. v. Rollins, Brown & Gunnell, Inc., 713 P.2d 55 (Utah 1986), and cases cited therein. The jury did not have to believe plaintiff’s expert on causation in the face of facts suggesting that there was no causation.

ZIMMERMAN, J., concurs in the concurring opinion of Justice HOWE. STEWART, Associate C.J., concurs in the result.