Loveland v. Orem City Corp.

HALL, Chief Justice:

Plaintiffs initiated this wrongful death action after Michael Loveland, their three-year-old son, drowned in an irrigation canal. Plaintiffs seek reversal of three district court orders granting defendants’ motions for summary judgment. We affirm.

I

We review the facts of this case in the light most favorable to plaintiffs.1 Defendant North Union Irrigation Company (North Union) was incorporated in April 1883. At that time, it began operating the North Union Irrigation Ditch (canal) in Utah County, and it continues doing so today.

In July 1976, defendant Brown Brothers became…