 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Day v. State5/11/1999
This opinion is subject to revision before final publication in the Pacific Reporter.
Third District, Salt Lake County The Honorable Richard H. Moffat
On certiorari to the Utah Court of Appeals
Mary Day brought this action against the State of Utah, the Utah Highway Patrol (UHP), a UHP officer, and several municipalities and law enforcement officers they employed for personal injuries to herself and the wrongful death of her husband. The injuries and death resulted from the collision of the Days' automobile with an automobile driven by sixteen-year-old Stephen Edward Floyd. Floyd was fleeing from UHP Officer Ken Colyar, who initiated the pursuit to cite Floyd for driving ten miles per hour over the speed limit.
This case is here on a writ of certiorari to the Utah Court of Appeals to review that court's affirmance of a trial court's summary judgment against plaintiff on the ground that her claims for severe personal injuries and the death of her husband were barred by a now repealed provision of the Utah Governmental Immunity Act and that that abrogation of a remedy for her injuries and her husband's death did not violate Article I, section 11, the "open courts" provision of the Utah Constitution. See Day v. State, 882 P.2d 1150 (Utah Ct. App. 1994). The Court of Appeals' panel that decided this case suggested that this Court grant Day's petition for a writ of certiorari to answer important questions of law. The State filed a conditional cross-petition for a writ of certiorari asking this Court, if it granted Day's petition, to also grant a writ of certiorari to review the Court of Appeals' ruling that a police officer who undertakes a high-speed chase of a fleeing misdemeanant owes a duty of due care to other persons using the highway. We granted both petitions.
I. FACTS
On March 18, 1991, at approximately 5:45 p.m., Officer Colyar was parked just off Interstate 15 near Santaquin, Utah, to monitor traffic. With a radar gun he clocked a northbound black 1982 Buick at 75 miles per hour, ten miles per hour over the posted speed limit. Intending only to stop the vehicle and issue a citation for speeding, Officer Colyar pulled onto I-15 and drove up behind the vehicle. Floyd, the driver of the vehicle, increased his speed and exited I-15 at Santaquin. Ignoring a stop sign, he turned onto a two-lane highway and proceeded, at times in heavy traffic and at speeds of up to 120 miles per hour, through the towns of Springville, Payson, Salem, and Spanish Fork, Utah. Officer Colyar followed in close pursuit. At least two other local law enforcement officers joined the chase through several populated areas in the towns and villages at speeds far in excess of posted limits. Floyd and Officer Colyar wove in and out between cars in heavy traffic in both the southbound and northbound lanes, passing cars on both the left and the right and forcing several cars off the road. Local police officers Brad James and Ed Asay unsuccessfully attempted to block Floyd's way and later joined in the pursuit.
At one point, Floyd drove onto a freeway entrance ramp with Officer Colyar close behind and collided with a semi-trailer truck. Floyd's vehicle spun almost 240 degrees around and temporarily came to a stop. Officer Colyar also stopped, but he neither drew his gun nor attempted to disable Floyd's vehicle; however, he was close enough to read the vehicle's license plate. Floyd eluded Officer Colyar and again entered the freeway with Officer Colyar in pursuit through heavy traffic and at speeds in excess of 100 miles per hour. Floyd entered an off-ramp at high speed, ran a red light while driving at approximately 60 miles per hour, and collided
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Utah Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|