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Wilkinson v. Union Pacific Railroad Co.12/29/1998
opinion is subject to revision before final publication in the Pacific Reporter.
Third District, Salt Lake Div. I The Honorable Anne M. Stirba
Barbara Wilkinson ("Wilkinson") filed a complaint in Third District Court under the Federal Employers' Liability Act ("FELA"), 45 U.S.C. ยงยง 51 to -60, to recover damages for the alleged wrongful death of her husband, Gary Wilkinson ("decedent"). The trial court granted summary judgment for defendant employer Union Pacific Railroad Co. ("Union Pacific") concluding that the jurisdictional prerequisites of FELA were not present on the facts alleged. Wilkinson argues that decedent's "medical emergency" arose when he fell unconscious, which both Wilkinson and Union Pacific agree occurred on the employer's property, rather than when the fatal asthma attack began. Because decedent fell unconscious on Union Pacific's property, Wilkinson contends that the injury suffered by decedent occurred within the scope of his employment and, therefore, FELA does apply. While we do not reach Wilkinson's contention regarding "medical emergency," we do conclude that she has made a prima facie showing that decedent's injury occurred on Union Pacific's property and within the scope of his employment. Therefore, we reverse and remand for further proceedings.
In reviewing a trial court's grant of summary judgment, "`we do not defer to the trial court's Conclusions of law but review them for correctness.'" Certified Surety Group, Ltd. v. UT Inc., 960 P.2d 904, 905-06 (Utah 1998) (quoting Taylor v. Ogden Sch. Dist., 927 P.2d 159, 162 (Utah 1996)).
If there is any doubt or uncertainty concerning questions of fact, the doubt should be resolved in favor of the [non-moving] party. Thus, the court must evaluate all the evidence and all reasonable inferences fairly drawn from the evidence in the light most favorable to the party opposing summary judgment.
Bowen v. Riverton City, 656 P.2d 434, 436 (Utah 1982). We present the facts and reasonable inferences drawn from them in a light most favorable to the party opposing summary judgment. See Higgins v. Salt Lake County, 855 P.2d 231, 233 (Utah 1993).
Wilkinson has not submitted affidavits proving that decedent did not become ill on his commute to work in opposition to Union Pacific's motion for summary judgment. Rule 56(e) of the Utah Rules of Civil Procedure requires affidavits "when a motion for summary judgment is made and supported as provided in this rule." See Utah R. Civ. P. 56(e) (emphasis added). In this case, Union Pacific has not supported its motion for summary judgment--it has offered no affidavits showing that the facts are undisputed facts. Because Union Pacific has offered no affidavits disputing Wilkinson's allegations, it has not met its burden of showing that there are no material issues of fact. Consequently, Wilkinson may rely on the allegations in her pleadings. See Lamb v. B & B Amusements Corp., 869 P.2d 926 (Utah 1993) (finding where party moving for summary judgment offers no affidavits disputing allegations, party opposing motion is not required to offer affidavits); see also Olwell v. Clark, 658 P.2d 585, 586 (Utah 1982) (" nder Rule 56, Utah R. Civ. P., it is not always required that a party proffer affidavits in opposition to a motion for summary judgment in order to avoid judgment against him.").
While there are gaps in the information available to us, the facts presented are as follows: Decedent was employed by Union Pacific as an electrician. On the night of decedent's respiratory arrest, he was scheduled to begin work at 11:00 p.m. He left his home between 10:20 and 10:25 p.m. At approximately 10:55 p.m., he reported to the Union Pa
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