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Day v. State5/11/1999
with the Day vehicle and three other vehicles.
Mr. Day died immediately, and Mrs. Day suffered numerous serious injuries. She was diagnosed with acute respiratory failure, fractures in her ankle, hip, and ribs, various abrasions, and trauma. She lay in a coma for several hours. The impact of the collision also aggravated previously existing medical conditions, including cancer and osteoporosis.
Mrs. Day brought this suit against the State of Utah, by and through the Utah Department of Public Safety; the UHP; Officer Colyar; and unnamed public entities and John Does for the wrongful death of her husband and for her injuries. In her first amended complaint, she also named Salem City Corporation, Officer Brad James, Spanish Fork City Corporation, and Officer Ed Asay as defendants.
Plaintiff and defendants filed motions for summary judgment. The trial court entered summary judgment against plaintiff and in favor of all defendants. The Court of Appeals affirmed, ruling that (1) Officer Colyar owed a tort duty of due care to plaintiff and other users of the highway, but (2) the action was barred under the Utah Governmental Immunity Act and (3) the relevant provisions of the Act were not unconstitutional under the Open Courts, Due Process, or Equal Protection provisions, i.e., Article I, sections 8, 11, and 22, of the Utah Constitution. See Day v. State, 882 P.2d 1150 (Utah Ct. App. 1994). Only these three rulings, as they involve the State and the UHP, are now before this Court. Day does not challenge the Court of Appeals' ruling affirming summary judgment in favor of the municipalities and the law enforcement officers.
II. STANDARD OF REVIEW
The issues before the Court are questions of law that we review for correctness. We accord no deference to the legal decisions of the lower court. See Ferree v. State, 784 P.2d 149, 151 (Utah 1989); Bushnell Real Estate , Inc. v. Nielson, 672 P.2d 746, 749 (Utah 1983).
III. DUTY OF POLICE OFFICER TO THIRD PERSONS WHILE EFFECTUATING ARREST
We first consider the issue raised by the State's cross-petition for certiorari: Whether the Motor Vehicle Code imposes on a police officer engaged in pursuit of a suspect a duty of care to third parties on the highway. The Court of Appeals held that such a duty does exist. See Day, 882 P.2d at 1154. It addressed the duty issue first on the principle that a case should be decided on non-constitutional grounds if possible and that constitutional issues should be addressed only when necessary. See World Peace Movement v. Newspaper Agency Corp., 879 P.2d 253, 257 (Utah 1994); State v. Thurman, 846 P.2d 1256, 1262 (Utah 1993). We take the same approach.
In a personal injury case involving a defense of governmental immunity such as this case, we generally decide first whether the defendant owed a duty of due care to the plaintiff before deciding whether the defendant is entitled to the affirmative defense of governmental immunity. See Rollins v. Petersen, 813 P.2d 1156, 1162 & n.3 (Utah 1991). On numerous occasions, this Court has held that certain government agencies and their employees owed no duty of care to the plaintiffs, even though such government agencies had a general duty to further and protect the public's health, safety, and welfare. In such cases, the immunity issue was not reached because the plaintiffs failed to make out prima facie cases of negligence. See Ferree, 784 P.2d at 152-53; Ledfors v. Emery County Sch. Dist., 849 P.2d 1162, 1164 (Utah 1993). By distinguishing between an absence of duty of due care on the part of a government agency to an injured person and the affirmative defense of governmental immunity, a cou
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