This is an archived article that was published on sltrib.com in 2015, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
A lawsuit accusing the Utah Department of Transportation of negligence and wrongful death stemming from the collapse of a section of road in Duchesne County is headed back to court.
The Utah Supreme Court on Friday reinstated the suit by the parents of 15-year-old Justine Barneck, who died in 2011 after the SUV her father was driving hit the edge of a chasm created by water on State Road 35.
Michael Barneck, of Tabiona, was heading home with his daughter when his Ford Excursion struck an upthrust piece of asphalt on the east edge of the pit. Their velocity carried the vehicle over the 30-foot-wide hole and it crashed on the far side.
Also a part of the lawsuit is Heidi Paulson, who was severely injured when her vehicle fell into the chasm, which was more than 20-foot-deep.
The plaintiffs claimed UDOT was negligent for failing to warn drivers of dangerous conditions on that section of road or to monitor the situation.
But 8th District Judge George Harmond ruled in 2013 that the agency was entitled to immunity under the Governmental Immunity Act and dismissed the suit. The judge said the injuries were tied to the management of floodwaters and the operation of a storm system, and that those type of "events" provide immunity.
In its 5-0 decision reversing that ruling, the Supreme Court said UDOT has not established that the government activity at the basis of the plaintiffs' claims amounted to "management" of flood water or storm system operation, meaning there are genuine issues of material fact remaining.
Writing for the court, Associate Chief Justice Thomas Lee said that "we do not deem UDOT categorically ineligible for immunity. We simply hold that it has failed to carry its burden on the record before us."
According to court documents, more than an inch of rain had fallen in an hour on July 13, 2011, and water quickly backed up because of a blocked culvert passing under SR 35. The water, along with debris it carried, then ran across the surface of the road near Tabiona.
UDOT workers cleared the debris but were unable to unblock the culvert. They left for the day about 4 p.m. The pooled water seeped through the road base and eventually the road collapsed, resulting in a chasm that was 20 feet deep and 30 feet across.
There were no signs to alert oncoming traffic, court documents say.
Shortly before midnight, Paulson was traveling east on SR 35 when her vehicle slammed into the east wall of the chasm and fell nose first to the bottom. Soon after, the Barnecks were driving west on SR 35 when their SUV went airborne, the lawsuit says.
The suit seeks an unspecified amount of money for the injuries suffered by Paulson and Michael Barneck and the death of Justine Barneck.
Twitter: @PamelaMansonSLC