Ewing v. State, Department of Transportation

OPINION

ROTH, Judge:

{ 1 Sidney Ewing and Cathie Ewing appeal the trial court's grant of summary judgment in favor of the State of Utah, Department of Transportation (UDOT). The trial court dismissed the Ewings' negligence and wrongful death claims on the basis that the applicable statute of limitations had expired. While the Ewings acknowledge that the time for filing suit against UDOT had passed, they contend that their claims were preserved by what is commonly referred to as the savings statute, see Utah Code Ann. § 78B-2-111(1) (2008). 1 UDOT disagrees, asserting that the Ewings' claims did…