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Court of Appeals hears dispute over UDOT immunity in wrongful‑death claim on US‑89
Summary
In Abdul Gad v. Utah Department of Transportation, counsel disputed whether UDOT's alleged failure to gather and act on crash data for US‑89 (Logan Canyon) was an operational omission — not protected by governmental immunity — or a discretionary policy decision; experts, HSIP materials, and causation were key contested topics.
The Utah Court of Appeals heard argument in Abdul Gad v. Utah Department of Transportation over whether UDOT is immune from an estate's wrongful‑death suit arising from a 2018 crash on US‑89 in Logan Canyon.
Sher Walton, counsel for the estate, told the court the district court erred in granting UDOT immunity. Walton relied on UDOT's own six‑step project‑preparation chart and said the department failed at identifiable operational steps — for example, preparing a multi‑year crash history and moving the matter up the review chain — which she said removed the discretionary‑function shield. Walton said project records and testimony show truck‑safety features (signage, a brake‑check area and an escape/runaway ramp) were not considered in the design and…
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