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SMITH v. HALES & WARNER CONST., INC.

No. 20030901-CA.

107 P.3d 701 (2005)

2005 UT App 38

Kelly SMITH and Lisa Nielsen, individually and as heirs of Jason Kelly Smith, deceased, Plaintiffs and Appellants, v. HALES & WARNER CONSTRUCTION, INC., a Utah corporation; and Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints, a Utah corporation, Defendants and Appellees.

Court of Appeals of Utah.

January 27, 2005.

Attorney(s) appearing for the Case

Edward P. Moriarity, Jeffrey D. Gooch, Moriarity Gooch Badaruddin & Booke LL, and Justin T. Ashworth, Ashworth Hunt, Salt Lake City, and Shandor S. Badaruddin, Missoula, Montana, for Appellants.

Robert R. Wallace, Kirton & McConkie, Salt Lake City, for Appellee Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints.

Eric K. Davenport and Richard K. Glauser, Smith & Glauser PC, Salt Lake City, for Appellee Hales & Warner Construction, Inc.

Before Judges GREENWOOD, JACKSON, and ORME.

OPINION

GREENWOOD, Judge:

¶ 1 Plaintiffs Kelly Smith and Lisa Nielsen, heirs of Jason Smith Decedent, appeal the trial court's grant of Defendants' motions for summary judgment on Plaintiffs' claim of wrongful death. We affirm.

BACKGROUND1

¶ 2 On May 7, 1999, the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints (CPB) contracted...

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