Rockwell v. Jerry Seiner Chevrolet

Rockwell v. Jerry Seiner Chevrolet

IN THE UTAH COURT OF APPEALS

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Clarence Rockwell,

Plaintiff and Appellee,

v.

Jerry Seiner Chevrolet, a Utah corporation,

Defendant and Appellant.

MEMORANDUM DECISION

(Not For Official Publication)

Case No. 981100-CA

F I L E D

(December 3, 1998)

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Third District, Salt Lake Department

The Honorable Michael L. Hutchings

Attorneys: John L. McCoy, Salt Lake City, for Appellant

William L. Schultz, Moab, for Appellee

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Before Judges Bench, Billings, and Orme.

BENCH, Judge:

"A prima facie case of negligence requires a showing of: (1) a duty of reasonable care extending to plaintiff; (2) breach of that duty; (3) proximate and actual causation of the injury; and (4) damages suffered by plaintiff." Clark v. Farmers Ins. Exch., 893 P.2d 598, 600-01 (Utah Ct. App. 1995). Defendant argues that plaintiff failed to make a legally sufficient showing of causation to support the finding of negligence. We agree.

"Proximate cause is generally defined '"as that cause which, in natural and continuous sequence . . . produces the injury and without which the result would not have occurred."'" Id. at 601 (quoting Mitchell v. Pearson Enters., 697 P.2d 240, 246-47 (Utah 1985) (quoting State v. Lawson, 688 P.2d 479, 482 n.3 (Utah 1984))). Plaintiff offered no evidence to establish that defendant's breach caused the engine to overheat. Although the Tunex invoice and the receipt for the rebuilt engine were admitted for limited purposes, they do not establish any causal link between defendant's work and the necessity for subsequent repairs. Absent a showing of causation, plaintiff's claim fails as a matter of law. See Mitchell, 697 P.2d at 246 ("'When the proximate cause of an injury is left to speculation, the claim fails as a matter of law.'" (quoting Staheli v. Farmers' Coop. of S. Utah, 655 P.2d 680, 684 (Utah 1982))).

We therefore reverse the trial court's judgment.

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Russell W. Bench, Judge

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WE CONCUR:

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Judith M. Billings, Judge

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Gregory K. Orme, Judge