Velasquez Ex Rel. Muniz v. Union Pacific Railroad

ELLETT, Justice.

The appellant was a passenger in a pickup truck which was involved in a crossing collision with a Union Pacific train. He sued the respondent, State of Utah Public Service Commission, as well as the railroad company. A summary judgment was entered in favor of the State of Utah, and the plaintiff appealed.

We direct our attention to the Governmental Immunity Act under which plaintiff seeks to recover from the State. Section 63-30-8, U.C.A.1953, Replacement Volume 7 A, reads:

Immunity from suit of all governmental entities is waived for any injury caused by a defective, unsafe, or…