[Download] "Carrier V. Pro-Tech Restoration" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: Carrier V. Pro-Tech Restoration
- Author : Supreme Court Of Utah
- Release Date : January 08, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Defendant Pro-Tech Restoration ("Pro-Tech") seeks review of the court of appeals' decision ordering a new trial because the trial court had incorrectly determined that Pro-Tech and defendant William Smith had sufficiently disparate interests to warrant separate allocations of peremptory challenges under rule 47 of the Utah Rules of Civil Procedure. See Carrier v. Pro-Tech Restoration, 909 P.2d 271 (Ct.App. 1995), cert. granted, 920 P.2d 1194 (Utah 1996). Pro-Tech argues that the court of appeals applied the wrong standard of review and incorrectly presumed that allocating too many peremptory challenges to defendants prejudiced plaintiff Shirley Carrier. Pro-Tech further argues that rule 47, as interpreted by the court of appeals, violates constitutional guarantees of due process and equal protection under the Fifth and Fourteenth Amendments of the United States Constitution, respectively, and the constitutional guarantee of uniform operation of the laws under article I, section 24 of the Utah Constitution. Defendant Pleasant Grove City joins in Pro-Tech's challenge and additionally argues that the court of appeals erred in concluding that all three defendants presented a united front against plaintiff. We affirm.