THE UTAH DECISION AND DRAINAGE LIABILITY

A civil suit involving highway drainage which may have wide implications for engineers, governmental agencies, contractors and others involved in better construction is discussed. The legal action stemmed from two separate storms which occurred during construction of a state highway project. In Utah, sovereign immunity is waived when damage results from dangerous or defective conditions. However, immunity is not waived for latent defects, nor is immunity waived when the injury arises out of performance or failure to perform a discretionary function. The court decisions are set forth. The Supreme Court did not agree with the jury; it felt that there was no duty on the part of the county to provide drainage facilities for the state project. A close reading of the entire case is urged.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/oclc/1519687
• Authors:
  • Pagan, A R
• Publication Date: 1977-1

Media Info

• Pagination: p. 29
• Serial:
  • Better Roads
  • Publisher: James Informational Media, Incorporated
  • ISSN: 0006-0208
  • Serial URL: http://www.betterroads.com

Subject/Index Terms

• TRT Terms: Courts; Immunity (Law); Laws; Liability; Surface drainage
• Old TRIS Terms: Highway drainage
• Subject Areas: Highways; Law;

Filing Info

• Accession Number: 00148934
• Record Type: Publication
• Files: TRIS
• Created Date: Apr 13 1977 12:00AM