The Utah Court of Appeals sided with a restaurant on Thursday, finding that even if a trial court erred in adopting its proposed special verdict form, it wouldn’t be grounds for a new trial for the plaintiff, who was badly burned by the restaurant’s fire pit.

The plaintiff, Emily Senkosky, sued the restaurant, Bistro 412 LLC, in the Third Judicial District Court under two theories of negligence: ordinary negligence and premises liability.

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