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EWING v. STATE, DEPT. OF TRANSP.

No. 20090566-CA.

235 P.3d 776 (2010)

2010 UT App 158

Sidney EWING and Cathie Ewing, individually and on behalf of the Estate of Rayn Ewing, deceased, Plaintiffs and Appellants, v. STATE of Utah, DEPARTMENT OF TRANSPORTATION; and Does 1 through 10, Defendants and Appellees.

Court of Appeals of Utah.

June 17, 2010.

Attorney(s) appearing for the Case

Kenneth D. Lougee and Bradley H. Parker, Salt Lake City, for Appellants.

Mark L. Shurtleff and Peggy E. Stone, Salt Lake City, for Appellees.

Before Judges McHUGH, THORNE, and ROTH.

OPINION

ROTH, Judge:

¶ 1 Sidney Ewing and Cathie Ewing appeal the trial court's grant of summary judgment in favor of the State of Utah, Department of Transportation (UDOT). The trial court dismissed the Ewings' negligence and wrongful death claims on the basis that the applicable statute of limitations had expired. While the Ewings acknowledge that the time for filing suit against UDOT had passed, they contend that their claims were preserved by what...

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