# Lamkin v. Lynch

> Utah Supreme Court · August 27, 1979 · 600 P.2d 530

URL: https://www.frixlaw.com/law-library/cases/9550398

## Case

- **Full name:** Hubert LAMKIN, Plaintiff and Appellant, v. Sue Ann LYNCH, Defendant and Respondent
- **Court:** Utah Supreme Court
- **Decided:** August 27, 1979
- **Citations:** 600 P.2d 530; 1979 Utah LEXIS 891
- **Precedential status:** Published
- **Opinion:** Concurrence by Wilkins
- **Judges:** Hall, Wilkins, Stewart, Maughan, Crockett
- **Cited by:** 23 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9550398

## Opinion text

WILKINS, Justice
(concurring generally)-
I concur generally but add a reservation. The majority opinion states in response to plaintiff’s assertion that the District Court “. . . failed to instruct the jury as to the legal consequences of its apportionment of negligence” that this point was raised for the fist time on appeal and this Court would therefore not consider it. I agree that failure to present this matter below is fatal.
But I reserve judgment on this issue when properly raised because I believe this Court should reconsider its position announced in McGinn v. Utah Power & Light, 529 P.2d 423 (1974), noted in footnote 15 of the majority opinion, that . . it is prejudicial error if, in a comparative negligence case, the court instructs the jury as to the effect or impact its fact-finding answers, in a special verdict, will have on the outcome of the case”.
STEWART, J.,
concurs in the views expressed in the concurring opinion of WILKINS, J.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9550398. Public record. Not legal advice.