438 Main Street, a Utah General Partnership, and Rainbow Trout, Inc., Dba Pop Jenk'S, a Utah Corporation, Plaintiffs…

Summary

The Utah Supreme Court affirmed the involuntary dismissal of a strict-products-liability action arising from a fire. It held that a trial judge deciding a rule 41(b) motion may consider defense evidence and may dismiss after hearing only part of that evidence, provided the plaintiff has had a full opportunity to cross-examine the defense witnesses. The court also held that the finding that the deicing cable was not the proximate cause of the fire was not clearly erroneous.