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NEEL v. STATE

No. 940282.

889 P.2d 922 (1995)

Sue NEEL, Plaintiff and Appellant, v. STATE of Utah, Defendant and Appellee.

Supreme Court of Utah.

February 2, 1995.

Attorney(s) appearing for the Case

Daniel L. Wilson, Ogden, for plaintiff.

Jan Graham, Atty. Gen., Brent A. Burnett, Asst. Atty. Gen., Salt Lake City, for defendant.

HOWE, Justice:

Plaintiff Sue Neel brought this action against her employer, the State of Utah, to collect personal injury protection ("PIP") benefits under Utah's Automobile No-Fault Insurance Act. The State initially moved to dismiss the complaint for failure to comply with the requirements of the Governmental Immunity Act. The trial court granted the motion without prejudice. On appeal, the Utah Court of Appeals held that because the action sounded in contract,...

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