Sutton v. Byer Excavating, Inc.

OPINION

CHRISTIANSEN, Judge:

T1 Plaintiff E.J. Sutton appeals the district court's grant of summary judgment in favor of defendant Byer Excavating, Inc. (Byer Excavating). We affirm.

BACKGROUND 1

T2 In the summer of 2007, two separate houses were being built on adjacent lots 178 and 174 on White Pine Canyon Road in Park City, Utah. MH. Allred Construction performed as the general contractor on Lot 174, with both Byer Exeavating and RW. Construction performing as subcontractors. Byer Excavating employed Bob Miles to operate its trackhoe. RW. Construction employed Sutton as a framing superintendent.