HIPWELL BY AND THROUGH JENSEN v. SHARP

No. 920218.

858 P.2d 987 (1993)

Shelly HIPWELL, an individual by and through her guardians, Sherrie JENSEN and Shayne Hipwell, Plaintiffs and Appellees, v. Roger SHARP, Tim W. Healy, and Does I through X, Defendants and Appellants.

Supreme Court of Utah.

Rehearing Denied September 23, 1993.


Attorney(s) appearing for the Case

Richard D. Burbidge, Stephen B. Mitchell, Gary R. Johnson, Salt Lake City, and Simon H. Forgette, Kirkland, WA, for plaintiffs.

Glenn C. Hanni, David R. Nielson, Salt Lake City, for Sharp.

Thomas L. Kay, Mark O. Morris, Paul D. Newman, Salt Lake City, for Healy.

Intervenor R. Paul Van Dam, Atty. Gen., Debra J. Moore, Asst. Atty. Gen., for State.


HALL, Chief Justice:

Defendants Roger Sharp and Tim Healy filed this interlocutory appeal after the trial court denied their motions for summary judgment. We affirm the trial court's denial of defendants' motions and remand for further proceedings consistent with this opinion.

I. FACTS

"[I]n reviewing a grant of summary judgment, we view the facts and all reasonable inferences drawn therefrom in the light most favorable to the nonmoving party."

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