Johnson v. Department of Transportation

OPINION

BENCH, Associate Presiding Judge:

T 1 Craig Johnson appeals the trial court's grant of summary judgment in favor of the Utah Department of Transportation (UDOT). We reverse and remand.

BACKGROUND 1

T2 In the early morning hours of September 14, 1996, Craig Johnson was driving southbound on Interstate 15. As Johnson traveled over a section of freeway that was undergoing maintenance, the front left tire of his vehicle entered a twelve- to eighteen-inch-deep cutout in the pavement. Johnson lost control of his vehicle, which subsequently rolled through two more cutouts of similar depth.…