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Tindley v. Salt Lake City School District5/17/2005
ated, and the amount recoverable shall not be subject to any statutory limitation, except in cases where compensation for injuries resulting in death is provided for by law." Utah Const. art. XVI, § 5. As with the uniform operation of laws and due process issues, we decided this issue in Parks, holding that "the Act 'does not abrogate any previously existing right of action and therefore does not violate article XVI, section 5.'" 2002 UT 55 at 15 (quoting Tiede v. State Dep't of Corr., 915 P.2d 500, 504 (Utah 1996)). In Parks, we noted an additional reason the Act did not violate article XVI, section 5: "The prohibition against any limitation on the amount recoverable is subject to an exception, i.e., 'in cases where compensation for injuries resulting in death is provided by law.' That exception applies here where the legislature has in the Act fixed the plaintiffs' remedy." Id. at 17 (quoting Utah Const. art. XVI, § 5). Because plaintiffs have failed to distinguish Parks from this case, we find Parks controlling and decline to depart from our holding therein.
CONCLUSION
In conclusion, we hold that section 63-30-34 of the Utah Code is constitutional as applied to plaintiffs. Specifically, the limitation on damages found in the Utah Governmental Immunity Act does not violate the open courts clause, the due process provision, or the uniform operation of laws provision of the Utah Constitution. Similarly, the limitation is inconsistent with neither federal guarantees of equal protection nor the right under the Utah Constitution to recover damages for injuries resulting in death. We therefore affirm the summary judgment entered in favor of the District.
Chief Justice Durham, Justice Durrant, Justice Nehring, and Judge Laycock concur in Justice Parrish's opinion.
Having disqualified himself, Associate Chief Justice Wilkins does not participate herein; District Judge Claudia Laycock sat.
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