Trujillo Ex Rel. Trujillo v. Brighton-North Point Irrigation Co.

ZIMMERMAN, Justice:

Appellant Brighton-North Point Irrigation Company (“Brighton-North Point”) filed this interlocutory appeal from the trial court’s denial of its motion for summary judgment. Brighton-North Point argues that as a matter of law it could not be held liable for failing to safeguard children from dangers posed by water in an unfenced irrigation ditch. We agree with Brighton-North Point and conclude that it was entitled to the summary judgment it sought. We therefore reverse.

Brighton-North Point has owned and operated an irrigation canal in Salt Lake County since 1890. Water flows…