Mounteer v. Utah Power & Light Co.

ON CERTIORARI TO THE UTAH COURT OF APPEALS

HOWE, Associate Chief Justice:

We granted certiorari to review a memorandum decision of the court of appeals which affirmed the trial court’s dismissal of plaintiff Percy Mounteer’s complaint against defendant Utah Power & Light Company (UP & L). Mounteer v. Utah Power & Light Co., 773 P.2d 405 (Utah Ct.App.1989). The dismissal was for plaintiffs failure to state a claim upon which relief may be granted. Utah R.Civ.P. 12(b)(6).

Plaintiff was employed by UP & L in its mining activities in Emery County. In December 1984, a fire at the Wilberg Mine caused…