Barneck v. Utah Department of Transportation

Associate Chief Justice LEE,

opinion of the Court:

§1 During a brief but significant rainstorm, a culvert under SR-85 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 the culvert, they left the scene. The standing water sat next to the road for several hours and eventually caused it to collapse, leaving a gaping hole in the middle of the road. Later that night, plaintiffs' vehicles careened into this chasm. Plaintiffs…