Duncan v. Union Pacific Railroad

HOWE, Associate Chief Justice:

We granted certiorari to review the court of appeals’ decision which affirmed the trial court’s grant of summary judgment in favor of all defendants. Duncan v. Union Pacific R.R., 790 P.2d 595 (Utah Ct.App.1990).

A complete statement of the facts is contained in the court of appeals’ opinion, and we will here briefly restate the most significant of them. On April 9, 1983, at about 8:50 p.m., an automobile driven by Patrick Duncan containing three passengers was struck by a Union Pacific freight train. AH four persons in Duncan’s car were killed. The accident…