Barrientos ex rel. Nelson v. Jones
2012 UT 33
| Utah | 2012Background
- Ogden City pursued Eddie Bustos in a high-speed chase that ended with Bustos crashing into Jessica Nelson’s car, killing Nelson and Ellis.
- Nelson left Wonzie Barrientos with Theresa Nelson; Ellis rode with Nelson that night.
- GPS showed the chase speed averaging 62.5 mph with a top speed of 88.5 mph over seven minutes.
- Jury found Ogden City/Jones not at fault for the pursuit or for failing to enact proper policies.
- Plaintiff moved for a new trial alleging orders in limine were violated; the trial court denied.
- Court reverses and remands for a new trial due to improper questioning violating orders in limine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether new trial was warranted for in limine violations | Barrientos loss tainted by inflammatory questioning | Questions were within trial scope; objections sustained | Yes; trial court abused discretion; remand for new trial |
| Admissibility of Exhibit D-101 without authentication | Exhibit was unauthenticated; error to admit | Rule 703 allowed reliance on expert data | Exhibit not properly authenticated; remand for authentication or exclusion |
| Ogden City's pursuit policy and immunity under 41-6a-212 | Policy did not meet statute, negating immunity | Policy compliance could grant immunity even if not perfect | Policy did not confer immunity; remains factual issue for jury if Exhibit D-101 authenticated |
| Evidence of Officer Jones's credibility via other acts | Bias/improper acts impeach credibility | Evidence excluded as prejudicial; cross-exam allowed | Trial court correctly excluded under Rule 404/403/608; affirmed |
Key Cases Cited
- Child v. Gonda, 972 P.2d 425 (Utah 1998) (deference to trial court in new-trial rulings; preservation of objections)
- Schmidt v. Intermountain Health Care, Inc., 635 P.2d 99 (Utah 1981) (deference to trial judge in assessing fairness of trial)
- Daines v. Vincent, 2008 UT 51 (Utah 2008) (directed verdict standards; sufficiency of evidence review)
- Day v. State (ex rel. Utah Dep’t of Pub. Safety), No. 1999 UT 46 (Utah 1999) (negligence framework for police pursuits; factual questions for jury)
- Pearce v. Wistisen, 701 P.2d 489 (Utah 1985) (procedural preservation and new-trial considerations)