Martinez v. Target

Filing 90

MEMORANDUM DECISION and ORDER on Jury Instructions. Signed by Judge Ted Stewart on 12/9/2015. (blh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
DEBBRA MARTINEZ,

MEMORANDUM DECISION AND
ORDER ON JURY INSTRUCTIONS

Plaintiff,
v.
TARGET CORPORATION,

Case No. 2:12-CV-1052 TS

Defendant.

District Judge Ted Stewart

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.

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It is SO ORDERED this 9th day of December, 2015.
BY THE COURT:

Ted Stewart
United States District Judge

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