JOHNSON v. DEPARTMENT OF TRANSP.

No. 20030142-CA.

98 P.3d 773 (2004)

2004 UT App 284

Craig JOHNSON, Plaintiff and Appellant, v. DEPARTMENT OF TRANSPORTATION, Granite Construction Company of California dba Gibbons & Reed Company, and John Does I-IV, Defendants and Appellee.

Court of Appeals of Utah.

August 26, 2004.


Attorney(s) appearing for the Case

Stephen P. Horvat, Anderson & Karrenberg, Salt Lake City, and Erik M. Ward and Lindy W. Vandyke, Gridley Ward & Shaw, Ogden, for Appellant.

Stephen J. Trayner and H. Scott Jacobson, Strong & Hanni, Salt Lake City, for Appellee.

Before BILLINGS, P.J., BENCH, Associate P.J., and THORNE, J.


OPINION

BENCH, Associate Presiding Judge:

¶ 1 Craig Johnson appeals the trial court's grant of summary judgment in favor of the Utah Department of Transportation (UDOT). We reverse and remand.

BACKGROUND1

¶ 2 In the early morning hours of September 14, 1996, Craig Johnson was driving southbound on Interstate 15. As Johnson traveled over a section of freeway that was undergoing maintenance, the front...

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