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ROSE v. PROVO CITY

No. 20010168-CA.

67 P.3d 1017 (2003)

2003 UT App 77

Claude Theadore ROSE, Plaintiff and Appellant, v. PROVO CITY, a political subdivision of the State of Utah; Elmer and Georgina Barrientos; Edward S. Hunt; Araceli V. Hunt; John and Jane Does I through X; and XYZ entities, Defendants and Appellees.

Court of Appeals of Utah.

March 20, 2003.

Attorney(s) appearing for the Case

Mark T. Flickinger, Kathleen S. Phinney and Kevin J. Sutterfield, Flickinger & Sutterfield, PC, Provo, for Appellant.

David C. Dixon, Provo City Attorney's Office, and Edward W. McBride Jr. and Donald J. Purser, Salt Lake City, for Appellees.

Before Judges DAVIS, GREENWOOD, and THORNE.

OPINION

DAVIS, Judge:

¶ 1 Claude Theodore Rose (Rose) appeals from directed verdicts in favor of Elmer and Georgina Barrientos (collectively the Barrientoses) and Provo City (the City). We reverse and remand.

BACKGROUND1

¶ 2 The Barrientoses own a restaurant in Provo City, including the parking lot next to the restaurant. The City owns a sidewalk that borders the parking lot and owns the area between...

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