OLSEN v. STATE, INDUSTRIAL COMMISSION

No. 13867.

538 P.2d 1038 (1975)

Randy OLSEN, by and through his guardian ad litem, Gaylen R. Olsen, Plaintiff and Appellant, v. The STATE of Utah, By and Through its INDUSTRIAL COMMISSION, et al., Defendants and Respondents. The STATE of Utah, By and Through its INDUSTRIAL COMMISSION, and the State of Utah, by and through its Road Commission, Third-Party Plaintiffs, v. COX CONSTRUCTION COMPANY, INC., Third-Party Defendant.

Supreme Court of Utah.

July 18, 1975.


Attorney(s) appearing for the Case

Richard C. Dibblee of Rawlings, Roberts & Black, Salt Lake City, for plaintiff and appellant.

Vernon V. Romney, Atty. Gen., Merlin Lybbert, Sp. Asst. Atty. Gen., Salt Lake City, for the State.

Jay E. Jensen, Salt Lake City, for Flowell Elec. Ass'n.

Rex J. Hanson, Salt Lake City, for Cox Const. Co.


HENRIOD, Chief Justice:

Appeal from two summary judgments of no cause of action, one entered by District Judge G. Hal Taylor in favor of defendant Flowell, and one subsequently entered by District Judge Maurice Harding, in favor of defendant State of Utah. Each judgment is affirmed.

The basic issues on appeal: That each defendant had violated a duty of care which, under facts adduced under the discovery process,...

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