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FORSBERG v. BOVIS LEND LEASE, INC.

No. 20070338-CA.

184 P.3d 610 (2008)

2008 UT App 146

Troy FORSBERG, et al., Plaintiffs and Appellants, v. BOVIS LEND LEASE, INC.; Travelers Casualty and Surety Company of America; Davis Hospital and Medical Center, Inc.; and Davis Hospital and Medical Center, LP, Defendants and Appellees.

Court of Appeals of Utah.

April 24, 2008.

Attorney(s) appearing for the Case

Kenneth B. Grimes Jr. and Richard W. Perkins, Salt Lake City, for Appellants.

Robert R. Harrison, Brian J. Babcock, and Jason H. Robinson, Salt Lake City; and Cecil R. Hedger, South Jordan, for Appellees.

Before GREENWOOD, P.J., BENCH and McHUGH, JJ.

OPINION

McHUGH, Judge:

¶ 1 Appellants (the Funds)1 appeal the trial court's grant of partial summary judgment to Appellees Davis Hospital and Medical Center, Inc. and Davis Hospital and Medical Center, LP (collectively the Hospital) and Bovis Lend Lease, Inc. (Bovis), and its denial of the Funds' motion for partial summary judgment. We reverse.

BACKGROUND

¶ 2 The Hospital contracted with a general...

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