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SUTTON v. BYER EXCAVATING, INC.

No. 20100830-CA.

271 P.3d 169 (2012)

2012 UT App 28

E.J. SUTTON, Plaintiff and Appellant, v. BYER EXCAVATING, INC., a Utah corporation; Lowell Construction Co., a Utah corporation; James H. Diamond Concrete, a Utah corporation; and John Does 1 through 3, Defendants and Appellee.

Court of Appeals of Utah.

February 2, 2012.

Attorney(s) appearing for the Case

John Edward Hansen and Jonathan H. Rupp , Salt Lake City, for Appellant.

Stanford P. Fitts , Michael L. Ford , and S. Spencer Brown , Salt Lake City, for Appellee.

Before Judges DAVIS, ROTH, and CHRISTIANSEN.

OPINION

CHRISTIANSEN, Judge:

¶ 1 Plaintiff E.J. Sutton appeals the district court's grant of summary judgment in favor of defendant Byer Excavating, Inc. (Byer Excavating). We affirm.

BACKGROUND1

¶ 2 In the summer of 2007, two separate houses were being built on adjacent lots 173 and 174 on White Pine Canyon Road in Park City, Utah. M.H. Allred Construction performed as the general contractor on Lot...

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