Owens Ex Rel. Owens v. Garfield

DURHAM, Justice:

Plaintiffs appeal the trial court’s grant of summary judgment in favor of defendants Salt Lake County and the State of Utah.1 Plaintiffs argue that (1) the lower court erred in holding that defendants owed no duty to plaintiffs and (2) summary judgment was inappropriate since genuine issues of fact exist. We affirm the decision of the trial court. Neither defendant owed a legal duty to plaintiffs, and therefore no cause of action for negligence lies.

In a case decided on summary judgment, the facts are considered in the light most favorable to the party opposing summary…