PERRINE v. KENNECOTT MINING CORP.

No. 940610.

911 P.2d 1290 (1996)

David and Kimberly PERRINE and David Perrine as guardian ad litem for Ryan Perrine, a minor, Plaintiffs and Appellants, v. KENNECOTT MINING CORPORATION, fka Kennecott Copper Corporation, a New York corporation, Milton A. Bailey, and John Does 1-50, Defendants and Appellees.

Supreme Court of Utah.

February 20, 1996.


Attorney(s) appearing for the Case

Jerrald D. Conder, West Valley City, for the Perrines.

Russell C. Fericks, Bret M. Hanna, Salt Lake City, for Kennecott.

David W. Overholt, M. Darin Hammond, Salt Lake City, for Bailey.


RUSSON, Justice:

David Perrine, individually and as guardian ad litem for his four-year-old son Ryan, and Kimberly Perrine, Ryan's mother, appeal from the Third District Court's grant of defendants' motions for summary judgment. The trial court granted the motions, holding that the Perrines' claims were barred under Utah's Limitation of Landowner Liability Act. We reverse and remand for further proceedings.

BACKGROUND

Kennecott Mining Corporation...

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