Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 04-19-2024

Case Style:

Malea Bacon, et al. v. Wright Tree Service, et al.

Case Number: 2:23-cv-00015

Judge: Howard C. Nielson, Jr.

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

Plaintiff's Attorney: Eric S. Olson and Ryan Craig Swapp

Defendant's Attorney: Philip S. Ferguson and W. Kevin Tanner

Description: Salt Lake City, Utah personal injury lawyers represented the Plaintiffs who sued on an auto negligence theory.

This case was filed in the 3rd District, Salt Lake County, 220907, and was removed by Wright Tree Service.

Utah has a comparative negligence law in place that has a 50 percent fault bar. This means that if you are at least half at fault, you will not retain anything from the accident. If you are at less than half at fault, you will receive a partial damage award.

The current diversity jurisdiction provision is codified at 28 U.S.C. § 1332, and grants federal court jurisdiction in all civil actions between citizens of different states and between a citizen of a state and a subject of a foreign state if the amount in controversy exceeds $75,000.

The Plaintiff sought remand.

Outcome: 04/15/2024 23 DOCKET TEXT ORDER granting 22 Stipulated Motion to Remand to State Court. SO ORDERED. Signed by Judge Howard C. Nielson, Jr on 4/15/24. No attached document. (dle) (Entered: 04/15/2024)
04/15/2024 24 JUDGMENT IN A CIVIL CASE: This action is remanded to the Third Judicial District Court of the State of Utah. Case Closed. Magistrate Judge Cecilia M. Romero no longer assigned to case. Signed by Judge Howard C. Nielson, Jr on 4/15/24. (dle) (Entered: 04/15/2024)
04/15/2024 25 NOTICE OF TRANSMITTAL that case has been remanded to 3rd District Court, Salt Lake County via U.S. Mail Judgment, Docket Sheet sent given case number 220907340. (Attachments: # 1 Exhibit Judgment, # 2 Exhibit Docket Sheet) (dle) (Entered: 04/15/2024)

Plaintiff's Experts:

Defendant's Experts:


Find a Lawyer


Find a Case