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DAY v. STATE, DEPT. OF PUBLIC SAFETY

No. 930135-CA.

882 P.2d 1150 (1994)

Mary DAY, individually, and as sole surviving heir to Boyd K. Day, deceased, Plaintiff and Appellant, v. STATE of Utah, By and Through the UTAH DEPARTMENT OF PUBLIC SAFETY; Utah Highway Patrol; Ken Colyar; Salem City Corporation, a municipal corporation of the State of Utah; Brad James; Spanish Fork City Corporation, a municipal corporation of the State of Utah; Ed Asay; and Public Entities 1-3; and John Does 1-8, Defendants and Appellees.

Court of Appeals of Utah.

Rehearing Denied November 7, and December 12, 1994.

Attorney(s) appearing for the Case

Larry R. Keller and Craig L. Boorman, Salt Lake City, for appellant.

Jan Graham, Carol Clawson, and Debra J. Moore, Salt Lake City, for appellees Utah Dept. of Public Safety and Colyar.

Allan L. Larson and Anne Swensen, Salt Lake City, for appellees Salem City Corp., Spanish Fork City Corp., Brad James, and Ed Asay.

Before BENCH, BILLINGS and GREENWOOD, JJ.

OPINION

GREENWOOD, Judge:

Mary Day appeals the trial court's grant of summary judgment against her, arguing that Utah Code Ann. § 63-30-7(2) (Supp.1990) (repealed April 29, 1991) unconstitutionally deprives her of just compensation for her injuries and the death of her husband as a result of a high-speed police chase. We affirm.

BACKGROUND

On March 18, 1991, at approximately 5:45 p.m., Trooper Ken Colyar of the Utah Highway Patrol...

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