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KEEGAN v. STATE

Nos. 930302, 930346.

896 P.2d 618 (1995)

Cynthia L. KEEGAN, personally and as the personal representative of the Estate of David J. Keegan, Plaintiff, Appellant, and Cross-Appellee. v. STATE of Utah and the Utah Department of Transportation, Defendants, Appellees, and Cross-Appellants.

Supreme Court of Utah.

Rehearing Denied May 30, 1995.

Attorney(s) appearing for the Case

Carolyn Nichols, George M. Haley, Greggory J. Savage, Jo Carol Nesset-Sale, Salt Lake City, for plaintiff.

Jan Graham, Atty. Gen., Annina M. Mitchell, Brent A. Burnett, Asst. Attys. Gen., Salt Lake City, for defendants.

RUSSON, Justice:

Cynthia L. Keegan appeals the trial court's order reducing her damages in a wrongful death action from $500,000 to $250,000 pursuant to the damage cap provision of the Utah Governmental Immunity Act, Utah Code Ann. § 63-30-34. The Utah Department of Transportation (UDOT) and the State of Utah (the State) cross-appeal the trial court's dismissal of their motion for summary judgment. We reverse and remand...

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