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PECK v. STATE

No. 20070117.

191 P.3d 4 (2008)

2008 UT 39

Thomas PECK, aka Thomas Joseph Peck, Plaintiff and Appellee, v. STATE of Utah and the Utah Highway Patrol, Defendants and Appellants.

Supreme Court of Utah.

July 1, 2008.

Attorney(s) appearing for the Case

Bart J. Johnsen, Chandler P. Thompson, Park City, for plaintiff.

Mark L. Shurtleff, Att'y Gen., Peggy E. Stone, Asst. Att'y Gen., Salt Lake City, for defendants.

PARRISH, Justice:

INTRODUCTION

¶ 1 This case requires us to determine whether the Utah Governmental Immunity Act bars Thomas Peck's negligence suit against the State of Utah and the Utah Highway Patrol ("UHP"). Peck alleges that a UHP trooper negligently allowed him to fall on his face while the trooper was physically restraining him. The incident occurred after Peck was arrested and handcuffed, but before he was placed in a police cruiser to be transported...

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