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BARNECK v. UTAH DEPT. OF TRANSP.

No. 20130429.

353 P.3d 140 (2015)

2015 UT 50

Michael BARNECK, Linda Barneck, individually and as heirs of Justine Barneck, deceased, and Heidi Paulson, Appellants, v. UTAH DEPARTMENT OF TRANSPORTATION, and the State of Utah, Appellee.

Supreme Court of Utah.

June 12, 2015.

Attorney(s) appearing for the Case

David M. Bennion , Scott S. Bell , Alan S. Mouritsen , Salt Lake City, for appellants.

Sean D. Reyes , Att'y Gen., Peggy Stone , Reed Stringham , Ass't Att'y Gen., Salt Lake City, for appellee.

Associate Chief Justice LEE authored the opinion of the Court, in which Chief Justice DURRANT, Justice DURHAM, Justice PARRISH, and Judge TOOMEY joined. Justice NEHRING did not participate herein due to his retirement; Court of Appeals Judge KATE A. TOOMEY sat. Justice HIMONAS became a member of the Court on February 13, 2015, after oral argument in this matter, and accordingly did not participate.

¶ 1 During a brief but significant rainstorm, a culvert under SR-35 in Duchesne County became obstructed, causing some fifteen feet of water to back up on the north side of the road. After Utah Department of Transportation workers removed debris from the road and tried unsuccessfully to unclog...

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