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NEBEKER v. SUMMIT COUNTY

No. 20120269-CA.

338 P.3d 203 (2014)

2014 UT App 244

Jim NEBEKER, Plaintiff, Appellee, and Cross-appellant, v. SUMMIT COUNTY, Defendant, Appellant, and Cross-appellee.

Court of Appeals of Utah.

October 17, 2014.

Attorney(s) appearing for the Case

Michael Z. Hayes and Todd J. Godfrey , Salt Lake City, for Appellant and Cross-appellee.

Richard M. Hymas , David L. Arrington , Salt Lake City, and Josh D. Chandler , for Appellee and Cross-appellant.

JUDGE STEPHEN L. ROTH authored this Amended Opinion, in which JUDGES J. FREDERIC VOROS JR. and MICHELE M. CHRISTIANSEN concurred.

Amended Opinion1

ROTH, Judge:

¶ 1 Summit County (the County) appeals the entry of judgment in favor of Jim Nebeker on Nebeker's negligence claim. Nebeker cross-appeals, contending that the court improperly imposed a statutory cap to reduce the judgment from $594,400.21 to $221,400. We affirm.

BACKGROUND

¶ 2 John Rhineer was Nebeker's accountant prior to Rhineer's death on November 14, 2003. Later that...

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