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Show Financing Statements Frig CU; Cmpr - Klmdall Duaiie Crooks 6th W SLC to Gran Teach 271632 6501 S Auto, Furn, Appll CU; 27163J - Marvin Dun ton, 2180 6675 S, SLC to Gran Teach CU; hhg - John 271634 Jr, Evans 1 CU; SLC - Fay 271637 6675 SLC - Bert CU; CU; Sheffer, 6362 to Gran Teach S, Piano Auto, MDee Williams, 1607 Dr, SLC to Gran Teach Auto, TV, Piano Em - rk - Cardall Shop, 130 271526 3rd S, SLC to Accts Rcvbl E Mulllns, 442 ?f M..1 ro City Fin; D Mi g 4 271532 - Gale M Christenaen, 47S6 V 4835 S, Km to City Fin; hhg 271534 - Malcoln LuSueur ,7692 SLC to City Fin; hhg Avndl, 271535 - Rose Lee & Elmo Johnson, 1244 W 8th S, SLC to City Fin; hhg 271536 - Jay Lynn Russell, 8119 S 2700 W, W Jrdn to Lib Th; Stereo E 271542 - Donald I. Kir.di-- r , J443 4700 S, SLC to tflkr bk; Trccr W 271544 - Wm Thoiuas 2611 Knwd Str, SLC Turner, to Val Bk: Cmpr 271546 - Wm M Elgin Ave, SLC Cmpr 271592 - El.wr Main 326, SLC Chattel 271513 - Ronald L Milbergr, 1490 W 4th S, SLC to Miller h Chattel - Hale SLC to Sec. Mtgo Uiry, Bint l?iS W H Co; Butter, 1075 to Aetna Fin; Jrv.s SLC W to HflUsid, 6245 S 1st Th & Ln; Eq 271600 - Marvin G McKiUire, 3416 S Maple W;iy, Grngr to Mur 1st Th; tin Qnist , 4211 to Mur 1st D SLC 271547 - Graden Hasting, 243 Glendale St, SLC to Aetna Fin; Bdrm Set 271602 - Lv K Barnes, 716 E 3630 S, SLC Lo A'igelus Cmpr 271548 - A J Ever son, Ogd to Clt Nat Bk; Cmpr - Kenneth Forget to Val K Me Not Tuellcr, Av, Sandy hhg Bk; Autowash, 271564 - Dell W Andersen Jr, 3190 S 1845 E, SLC to Val I'.k; Bt, Trlr 271565 - B Vigil A Edward, 7026 S 2780 E, SLC to Val Bk; Bt, Mtr 271566 - Ronald P Carter, 1331 3300 S, SLC to Val Bk; W Horse Trlr, Bt, Mtr, Trlr 271567 - Wendell A Turnbow, 2668 W 3935 S. SLC to Val Bk; Organ ' Village; Cmpr 271604 - Clifford E Critfis, 1112 Concord St, SLC to Ntnwd Fin; hhn 271605 - Cera Id Tonj'.a Or, Sandy hhg D tv I'.k;, Nat 271606 - IT H11.1 Mach, 3rd S, SIC to Val Kk; 9832 T tc provides: in- K Ayr-ra- nt ' 271607 - Ray hardy, 4451 W 5570 S, SLC to K.inclio Trlr Sis; -9 Defendant further urges that the trial court erred by its failure to struct the jury concerning negligence of employees of the University in accordance with the theory propounded by defendant under Sec. 10. Fin; ?.!!') 63-30- appeal, defendant urges that Sec. 10 of the Act modifies Sees. 8 and 9, and that under the Act, a governmental entity is not liable for a defective or dangerous condition causing injury, unless the condition was caused by a negligent act or omission of an employee committed within the scope of his employment. Defendant's appeal is premised on the aforementioned statutory construction, and based thereon, it argues that the alleged defective condition was not caused or created by any person under the supervision and control of the University; and, therefore, the institution is not liable. The peripheral road was designed and constructed by the Utah State Road Commission. The Merrill Engineering Building and the parking lot were designed and constructed under the supervision of the Utah State Building Board. At the time of the 1967 flood, Gibbons and Reed Construction Company was enlarging the parking lot. Defendant contends that these agencies were independent contractors over whom the University had no supervision or control in the design or construction of the drainage system. Defendant asserts that an employer of an independent contractor is not liable for the negligence of the independent contractor to third persons, and the plaintiff should have proceeded against the State Road Commission, State Building Board, and Gibbons and Reed Construction Company. Mur 271601 - David provides: On Fork Lift 271399 - -8 Immunity from suit of all governmental entities is waived for any injury caused from a dangerous or defective condition of any public building, structure, dam, reservoir or other public improvement. Immunity is not waived for latent defective conditions. S 271598 - Kaibab In.!, 1:68 Iris Ln, Mdvl to Arnold Mach Co; 2JrdK, 63-30- Immunity from suit of all governmental entities is waived for any injury caused by a defective, unsafe, or dangerous condition of any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, viaduct or other structure located thereon. Mtge hhg 1257 Sec. Stsrand, 1810 S to 1il1r Fin; Marquis Way, Th; hhg 271563 Plaintiff predicated her claim for relief under Sees. 8 and 9 of the Utah Governmental Immunity Act, Title 63, Chapter 30, U. C. A. 1953, as amended 1965. Conelley, 453 to Alls Enter- Press, Kettle, Mixtr, etc hhg 271538 - Leon E Oliver, 378 6270 S, SLC to Interlk Cr; hhg Cmpr 271591 - Afton Yarbcrry, 4531 W 5100 S.Krns to Century Fin Co of Main; hh g, Trctr 271594 900 E, to Lib Th; July 17, 1967, during a rainstorm, a veritable waterfall came off the parking lot, over the roadway and down the hillside, cascading smashing plaintiff's windows and filling her basement with water and mud. The jury awarded plaintiff damages for personal property that was destroyed, for the costs of repair to her home and yard, and for a diminution in market value of her property resulting from the past history of floodim. 271588 - J Douglas Roberts Jr, 4209 S 3100 E, SLC to Allst Fin; - Monty Hoggard, 3236 On r, 271589 - Eugene Naven Av.SLC prises Inc; Del C ! 271586 - Blaine I Thompson, SLC to Fid Ind 7312 S 2870 Enterprises Inc; City Fin; hhg SLC 271585 - Mar land S Bills,. 261 Berger Ln, Mur Lo Fid Ind Cr Co; hhg Cr Co; hhg am sure that you will appreciate that the great expanse of grass which has been planted since the time of the flood situation to which you referred will act as a strong retardant to a similar situation arising again. Also I wish to assure you that we: will be particularly vig ilant in seeing that optimum conditions are maintained. I 271584 - Tony Ka;'.s, 1073 S 1300 W, SLC to Pec Flu Ln; hhg E 271533 - Richard K Ainslle, 1372 McCormick Way, SLC to 271537 I have investigated the flood potential in the area and am assured by competent engineers that the drains are ample to take care of the situation. Also we are taking steps to see that the drains are kept clear and clean so that flood conditions will not be caused by inability of the water to go through the drain channels. 271582 - Doris P Taggart, 322 6th Ave, SLC to Lckhrt Th Co; 271383 - .fi!SSO OJorkman, 2959 4505 S, SLC to Lckhrt Th Cu; hhg 271530 - Richard A Liddiard, 1403 E 8175 S, Sandy to Val Bk; Cpr Richards St, 271581 - Douglas Lloyd, 1625 Dowlngton Av, SLC To Lkchrt Tit; hhg C 271529 - Leon L Headrlck, 3002 6400 W.tlntr to HFC; hh & Cons gds '") In June of 1963 plaintiff's home was flooded, for which she was compensated. She expressed concern about future floods, and on January 10, 1965, she received a letter from James C. Fletcher, President of the University of Utah, wherein he stated: TV S - Roger G SLC of SL; Bk 271527 - Kenneth Henderson, 610 S 560 E.Orcm to City Fin; hhg, Cons gds 271531 Plaintiff's home is located at 8 North Wolcott Avenue in Salt Lake The University of Utah received title to the adjoining easterly the federal government in 1948. Although defendant's land from property was at a higher elevation, plaintiff introduced evidence indicating that the natural drainage was in a northerly direction. Defendant's land was graded and filled in certain sections and the Merrill Engineering Building was constructed with a parking lot. In addition, a curving peripheral road, connecting Federal Way to Wasatch Boulevard, was located on defendant's land, to facilitate travel to the Medical Center. Subsequent to the creation of these improvements, the drainage was in a westerly direction. City, Utah. Pi; Furn, hhg, etc Inc dba More-ClaBeck St, SLC to 1674 Co, SAFECO Cr Co; Eq.etc RVM Plaintiff initiated this action to recover for the damages caused by the flooding of her property. She alleged that the University of Utah, the adjoining upper landowner, constructed certain public improvements, which were in a defective, unsafe or dangerous condition and caused the flooding of her property. Plaintiff recovered judgment upon a jury verdict, and defendant appeals. 271580 - Cynthia Mann ,1353 E 30th S, SLC to Lckhrt Ln Exch CU; Cmpr 271646 Str, L. M. Cummings, Clerk CAL LISTER, Chief Justice; Jacusco, to Lckhrt Ln Exch Pi; Furn, etc 175 A 271642 - Mary Sue Bendixon, 2115 E 3300 S D, SLC to LDS Hos Defendant and Appellant. 271574 - Lcland L Leister, 668 Mansfld Av, SLC to SL Postal En CU; Bt, Trlr, Organ 271579 - Stephen - 271641 Dawn D University of Utah, an agency of the. State of Utah, 271578 - Michael Hedderich, 570 Douglas St, SLC to Lckhrt Ln Exch PI; Furn, etc SLC No. 12167 September 15, 1971 Bank, 5256 Sarbo, Krns to Nat Fin; hhg G 271576 - Vera Kinyon, 2324 W 13400 S.Rvrrn to Cm Cr Pin; hhg 271638 - John M 0 Donnell, 4158 W 4960 S.Kms to Gran Teach CU; TV 271639 S 2280 - Walter Cmpr 271612 - Victor f'l.risiof ferson 3134 Mea'lovl.uk, Crngr to P'ic Fin Ln; lihy, Defendant further asserts that there has been no waiver of governmental immunity, since the alleged defective condition was caused by conduct within the purview of the statutory exceptions specified in subsections 1 anil of Sec. 10. A Sec. 63-30-- 10 provides: Immunity from suit of all governmental entities is waived for injury proximately caused by a negligent act or omission 17. 171 of Utah FILED hhg Trlr CU; Stereo 271573 - Rbt O'Seguera, 4755 W 4895 S, Krns to Lib Th & Ln; Johnson, 806 to Gran Teach H Plaintiff and Respondent, 271571 - Gary L Kunz, 6304 S 560 E, Mur to Avco Fin Svc; Cons gds 271635 - W Michael Flit ton, 3954 Nora Cr, SLC to Granite Teach CU; hhg Emerson Ave, Hazel O. Sanford, 271569 - Irvon D Smith, 3164 Leniay Ave, SLC to Val Bk; 271570 to Gran Teach E, Furn, Appll S 2190 In The Supreme Court ol The Stale 271568 - Samuel Warren Wardle, 1284 W 9th N, SLC to Val Bk; - Betsy N Lamb, 12045 Dell Rd, sandy to Jrdn 271630 Dimple FRIDAY, SKITKMHEU THE DAILY RECORD FOUR PAGE |