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ELDER v. NEPHI CITY EX REL. BROUGH

Nos. 20050510, 20050576, 20050581.

164 P.3d 1238 (2007)

2007 UT 46

Nan ELDER, individually, and as personal representative 20050576 of The Estate of Shelly Elder, 20050581 and on behalf of Amy Elder, Jeremy Elder, Chelsey Elder, and Ryan Elder, minor children, Plaintiff and Appellant, v. NEPHI CITY, by and through Mayor Chad BROUGH, City Councilmen Mike Jones, Darren Peterson, Richard Paxman, Brent Bowles, and Jim Wilkey, Union Pacific Railroad Company, and John Does I-X, Defendants and Appellees.

Supreme Court of Utah.

June 12, 2007.

Attorney(s) appearing for the Case

Allen K. Young, Provo, Jonah Orlofsky, Chicago, Illinois, for plaintiffs.

Benson L. Hathaway, Stephen W. Geary, Salt Lake City, for defendant Nephi City.

Jeffrey Devashrayee, Casey K. McGarvey, Salt Lake City, for defendant Union Pacific Railroad.

NEHRING, Justice:

BACKGROUND

¶ 1 Mr. Shelley Elder was killed on a Union Pacific Railroad railway track in Nephi City, Utah, when the dump truck he was driving was struck by a ninety-one-car freight train. Mr. Elder's widow, Mrs. Nan Elder, contends that her husband's death was caused by the negligence of the Railroad and Nephi. According to Mrs. Elder, her husband would not have lost his life had a line of...

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