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JOHNSON v. UTAH DEPT. OF TRANSPORTATION

No. 20040921.

133 P.3d 402 (2006)

2006 UT 15

Craig JOHNSON, Plaintiff and Appellee, v. UTAH DEPARTMENT OF TRANSPORTATION, Defendant and Appellant.

Supreme Court of Utah.

March 10, 2006.

Attorney(s) appearing for the Case

Erik M. Ward, Lindy Vandyke, Ogden, Stephen P. Horvat, Salt Lake City, for plaintiff.

Stephen J. Trayner, H. Scott Jacobson, Salt Lake City, for defendant.

Amicus Curiae Mark L. Shurtleff, Att'y Gen., Brent A. Burnett, Asst. Att'y Gen., Salt Lake City.

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 In this case, we address the discretionary function exception to the waiver of immunity in Utah's Governmental Immunity Act (the Act). We granted certiorari to clarify when governmental action qualifies for the exception and to reiterate the test by which courts should assess such action.

¶ 2 Plaintiff Craig Johnson filed a claim for injuries suffered after he lost control of his car in a construction...

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