Whipple v. American Fork Irrigation Co.

HOWE, Justice:

Plaintiff Lori Whipple appeals from the district court’s dismissal of her wrongful death action against defendant American Fork Irrigation Company. The dismissal was made under rule 12(b)(6) of the Utah Rules of Civil Procedure.

In determining whether a trial court properly dismissed an action under rule 12(b)(6), we assume that the factual allegations in the complaint are true and we draw all reasonable inferences in the light most favorable to the plaintiff. Colman v. Utah State Land Bd., 795 P.2d 622, 624 (Utah 1990). In her complaint, Whipple alleged that her husband, John C.…