Lichtefeld v. Cutshaw
Cases that cite this one
2 later published cases cite this decision.
- Velarde v. Board of Review of the Industrial Commission (Utah Ct. App. 1992)
- Wrolstad v. INDUSTRIAL COM'N OF UTAH (Utah Ct. App. 1990)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
On motion of defendants, the trial court dismissed plaintiff’s complaint on the ground that Utah Code Ann. § 78-12-25.5 (Supp. 1989) bars plaintiff’s action. Plaintiff appeals, arguing that the statute, Utah’s architects and builders statute of repose, is unconstitutional as depriving plaintiff of constitutional rights. Recently this Court ruled that the statute violates article I, section 11 of the Utah Constitution, the open courts clause. See Horton v. Goldminer’s Daughter, 785 P.2d 1087 (Utah 1989); Sun Valley Water Beds of Utah v. Herm Hughes & Son, Inc., 782 P.2d 188 (1989).
The judgment is reversed, and the case is remanded for further proceedings.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.