Martinez v. Target Corp.

Full title: DEBBRA MARTINEZ, Plaintiff, v. TARGET CORPORATION, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

Date published: Dec 9, 2015

Case No. 2:12-CV-1052 TS (D. Utah Dec. 9, 2015)

Opinion

Case No. 2:12-CV-1052 TS

12-09-2015

DEBBRA MARTINEZ, Plaintiff, v. TARGET CORPORATION, Defendant.

District Judge Ted Stewart

MEMORANDUM DECISION AND ORDER ON JURY INSTRUCTIONS

This matter is before the Court on Plaintiff's and Defendant's request for, and objections to, certain jury instructions.

Plaintiff and Defendant proposed separate jury instructions relating to the settlement between Mrs. Martinez and Mrs. Jensen. The Court will give Defendant's jury instruction as Instruction 23A. See Paulos v. Covenant Transp. Inc., 86 P.3d 752, 757-59 (Utah Ct. App. 2004); Slusher v. Ospital, 777 P.2d 437, 442-444 (Utah 1989).

Plaintiff proposed a jury instruction on pre-existing conditions and Defendant objected. The Court will give an instruction on pre-existing conditions as Instruction 35A consistent with the instructions approved by the Utah Supreme Court in Robinson v. All-Star Delivery, Inc., 992 P.2d 969, 972 (Utah 1999) and Tingey v. Christensen, 987 P.2d 588, 591 (Utah 1999).

Defendant proposed two other instructions, one on causation and one on the strength of the evidence. The Court declines to give these proposed instructions.

It is SO ORDERED this 9th day of December, 2015.

BY THE COURT:

/s/_________

Ted Stewart

United States District Judge