PAGET v. DEPARTMENT OF TRANSP.

No. 20120481-CA.

322 P.3d 1180 (2014)

2014 UT App 62

Timothy PAGET and Annette Paget, Plaintiffs and Appellants, v. DEPARTMENT OF TRANSPORTATION, Defendant and Appellee.

Court of Appeals of Utah.

March 20, 2014.


Attorney(s) appearing for the Case

Mark R. Taylor , Salt Lake City, and David C. Biggs , Attorneys for Appellants.

Sean D. Reyes and Peggy E. Stone , Salt Lake City, Attorneys for Appellee.

Judge JAMES Z. DAVIS authored this Opinion, in which Judge CAROLYN B. MCHUGH concurred. Judge GREGORY K. ORME dissented, with opinion.


Opinion on Rehearing2

DAVIS, Judge:

¶ 1 We previously addressed this case in Paget v. Department of Transportation, 2013 UT App 161, 2013 WL 3226212. There, we affirmed the trial court's determination that the Pagets' expert testimony establishing the standard of care that the Utah Department of Transportation (UDOT) allegedly violated was inadmissible. Id. ¶ 15. However, we reversed the trial court's...

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