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Date: 11-21-2023

Case Style:

Kabmany April Boupha v. Swift Transportation Company of Arizona

Case Number: 1:23-cv-00122

Judge: Dustin B. Pead

Court: United States District Court for the District for Utah (Salt Lake County)

Plaintiff's Attorney:



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Defendant's Attorney: Ruth A. Shapiro and Adrienne Moss

Description: Salt Lake City, Utah personal injury truck wreck lawyer represented the Plaintiff who sued the Defendant on an Auto negligence theory claiming to have suffered more than $75,000 in damages and/or injuries.

This case was filed in the Third Judicial District, Salt Lake County, 230908165 and was removed to federal court by the Defendant.

Utah Auto Negligence Law:

"Comparative Negligence:

Utah follows a modified comparative negligence law with a 50% fault bar. This means:
If you're 50% or more at fault, you cannot recover any damages.
If you're less than 50% at fault, you can recover damages, but your award will be reduced by your percentage of fault.

Other Important Aspects:

Negligence: To prove negligence, you must show the following elements:
Duty of care: The other driver owed you a duty to act like a reasonable driver.
Breach of duty: The other driver breached their duty by acting unreasonably.
Causation: The other driver's breach of duty caused your injuries or damages.
Damages: You suffered actual damages, such as medical bills, lost wages, or pain and suffering.
Minimum Insurance Requirements: Utah requires drivers to carry $80,000/$90,000 in liability insurance coverage per accident.
Statute of Limitations: You have 4 years from the date of the accident to file a lawsuit."

Google Bard

Outcome: 11/20/2023 1 Case has been indexed and assigned to Magistrate Judge Dustin B. Pead. Defendant Swift Transportation Company of Arizona is directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 by the end of the business day.
NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (sg) (Entered: 11/20/2023)
11/20/2023 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 230908165, (Filing fee $ 402, receipt number AUTDC-4882319) filed by Swift Transportation Company of Arizona. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Shapiro, Ruth) (Entered: 11/20/2023)
11/20/2023 3 NOTICE OF ADR, e-mailed or mailed to Plaintiff Kabmany April Boupha, Defendant Swift Transportation Company of Arizona. (sg) (Entered: 11/20/2023)
11/21/2023 4 NOTICE - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form and place Attention: Consent Clerk on the envelope.
Please do not e-file the Consent Form in the case. Notice e-mailed or mailed to Plaintiff Kabmany April Boupha, Defendant Swift Transportation Company of Arizona. Form due by 12/12/2023. (mh) (Entered: 11/21/2023)
11/21/2023 5 NOTICE FROM THE COURT re 2 Notice of Removal. Clerk selected incorrect division when creating the case. Case 1:23-cv-00122-DBP will be closed and all pleadings will be transferred to case 2:23-cv-00856-DBP.

Case number will now read 2:23-cv-00856-DBP. Please make changes to document captions accordingly. (sg) (Entered: 11/21/2023)
11/21/2023 Civil Case Terminated. (sg) (Entered: 11/21/2023)

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Defendant's Experts:

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