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Price v. National Railroad Passenger Corporation11/24/2000
ve evidence that the horn in fact sounded the standard crossing warning sequence for more than half a minute prior to the accident. Accordingly, we think the negative evidence presented by Plaintiffs does not preserve a genuine issue of material fact, and summary judgment for Defendants on this issue was appropriate.
Plaintiffs next argue that Amtrak should have sounded an emergency horn pattern as the train approached the crossing because the train crew should have known that the vehicles were unaware of the approaching train and thus would pull out in front of the train.
As we have explained, the collision in this case did not become imminent until the decedents' car pulled onto the tracks. Thus, even assuming that the train crew must sound an emergency sequence when a collision becomes imminent at a crossing, the train crew had only a few short seconds to switch the horn from the automatic crossing sequence to the emergency sequence. Accordingly, we conclude Plaintiffs cannot show the sequence in which the horn was sounded caused the collision. Furthermore, there is no evidence in the record to establish that the sounding of the emergency horn pattern earlier would have stopped the decedents from pulling onto the track in front of the train. Summary judgment for Amtrak was therefore appropriate.
II. Claims Against South Jordan
Plaintiffs argue South Jordan breached its duty to provide adequate active warning devices at the crossing and its duty to properly install and maintain the passive warning devices. South Jordan argues that it is immune from suit and, if not immune, that it breached no duty to Plaintiffs.
A. Failure to Install Adequate Crossing Warning Devices--Sovereign Immunity
South Jordan argued below and now on appeal that sovereign immunity bars Plaintiffs' claim that South Jordan failed to provide adequate warning devices at the crossing.
"Except as may be otherwise provided . . . , all governmental entities are immune from suit for any injury which results from the exercise of a governmental function[.]" Utah Code Ann. § 63-30-3(1) (1997). Although immunity is statutorily waived for injuries caused by dangerous or defective roadways, see id. § 63-30-8, immunity is retained if the injuries arise from "the exercise or performance or the failure to exercise or perform a discretionary function, whether or not the discretion is abused." Id. § 63-30-10(1); see also Trujillo v. Utah Dept. of Transp., 1999 UT App 227, -17, 986 P.2d 752.
The issue in this case is whether, even if South Jordan failed to install adequate crossing warning devices, it is immune from suit because it was performing "a discretionary function."
Discretionary functions must satisfy four criteria:
(1) Does the challenged act, omission, or decision necessarily involve a basic governmental policy, program, or objective?
(2) Is the questioned act, omission, or decision essential to the realization or accomplishment of that policy, program, or objective as opposed to one which would not change the course or direction of the policy, program, or objective?
(3) Does the act, omission, or decision require the exercise of basic policy evaluation, judgment, and expertise on the part of the governmental agency involved?
(4) Does the governmental agency involved possess the requisite constitutional, statutory, or lawful authority and duty to do or make the challenged act, omission, or decision? Trujillo, 1999 UT App 227 at . Plaintiffs concede the first two criteria but dispute the second two.
We are persuaded that South Jordan exercise
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