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TRUJILLO v. BRIGHTON-NORTH POINT IRR.

No. 19502.

746 P.2d 780 (1987)

Johnny TRUJILLO, a minor, By and Through his Guardian ad Litem, Barbara TRUJILLO, and Johnny S. Trujillo, Plaintiffs and Respondents, v. BRIGHTON-NORTH POINT IRRIGATION COMPANY, Val Jenkins and Nicea Jenkins, his wife, Lee Anna Coombs, and Gary J. Xanthos, Defendants and Appellants.

Supreme Court of Utah.

November 23, 1987.

Attorney(s) appearing for the Case

Gary A. Frank, Murray, Ford G. Scalley, Salt Lake City, for defendants and appellants.

P. Keith Nelson, Salt Lake City, for Jenkins.

Richard A. Rappaport, Salt Lake City, for Xanthos.

John Rokich, Magna, for plaintiffs and respondents.

ZIMMERMAN, Justice:

Appellant Brighton-North Point Irrigation Company ("Brighton-North Point") filed this interlocutory appeal from the trial court's denial of its motion for summary judgment. Brighton-North Point argues that as a matter of law it could not be held liable for failing to safeguard children from dangers posed by water in an unfenced irrigation ditch. We agree with Brighton-North Point and conclude that it was entitled to the summary judgment it sought...

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