Laney v. Fairview City
Utah Supreme Court
57 P.3d 1007 (2002)
- Written by Deanna Curl, JD
Facts
On September 16, 1991, John Laney was killed while moving an irrigation pipe after the pipe came in contact with high-voltage power lines owned by Fairview City (defendant). Laney’s family (plaintiff) sued the city, alleging that the city was negligent in maintaining power lines that did not meet minimum safety standards. The trial court granted the city’s motion for summary judgment, finding that the city was entitled to immunity because the city’s operation of the power lines fell within a 1987 amendment to the Government Immunity Act that created an exception to waivers of sovereign immunity for negligent acts. Laney appealed, arguing that the statutory grant of immunity violated the open-courts clause of the Utah Constitution.
Rule of Law
Issue
Holding and Reasoning (Durham, C.J.)
Concurrence/Dissent (Wilkins, J.)
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