Johnson v. Utah Department of Transportation

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 In this ease, we address the discretionary function exception to the waiver of immunity in Utah’s Governmental Immunity Act (the Act). We granted certiorari to clarify when governmental action qualifies for the exception and to reiterate the test by which courts should assess such action.

¶ 2 Plaintiff Craig Johnson filed a claim for injuries suffered after he lost control of his car in a construction zone on Interstate 15 (1-15). Rather than use concrete barriers as dividers, the Utah Department of Transportation (UDOT) had decided to separate the lane in…