(Download) "Julie White v. State Utah" by Supreme Court Of Utah " eBook PDF Kindle ePub Free
eBook details
- Title: Julie White v. State Utah
- Author : Supreme Court Of Utah
- Release Date : January 05, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
ELLETT, Chief Justice: Appellant is appealing from an order of dismissal from the First District Court, Cache County, issued
on June 9, 1977. Appellant was employed at the Del Monte Corporation's vegetable cannery in Smithfield, Utah. On September
13, 1975, appellant was injured while working with the machinery there. She sued for various damages (the detail of which
is not material in view of our Disposition of this appeal) alleged to have resulted through the failure of the respondent
to seek relief under U.C.A. 1953, 35-9-13. 1 Appellant claimed that respondent was aware, or should have been aware by
inspection, of several violations of the safety regulations of the Utah Occupational Health and Safety Act, 1973, (UOSHA)
present at the Del Monte cannery. 2 Appellant has alleged that respondent arbitrarily or capriciously failed to seek relief
as provided; therefore, appellant is allowed to bring an action against respondent for "further appropriate relief." 3 The district court found that the government had not waived its right to governmental immunity in discharging its function
under § 35-9-13 and that this section does not provide a remedy to sue the state. The court further found that the
Occupational Safety Health Act does not provide a route through which liability is extended to the state.