BRIGHAM CITY — A decide has dismissed a authorized declare towards Rocky Mountain Energy from the widow of a state trooper killed when he was directing visitors round a sagging power line.
Eric Ellsworth, of Brigham Metropolis, was hit by a 16-yr-previous driver on Nov. 18, 2016, in distant Box Elder County. 4 days after the crash, the 31-yr-previous Ellsworth died in the intensive care unit at Intermountain Medical Middle.
Attorneys for Janica Ellsworth have argued that Rocky Mountain Power took hours to answer the report of a low energy line near Garfield two yr ago. They contend the wire was so hazardous that the utility is chargeable for Ellsworth’s demise, who was hit while making an attempt to alert drivers concerning the line.
First District Decide Brandon Maynard sided towards Janica Ellsworth in a current order, dismissing the claims. He wrote that whereas the utility’s negligence finally led to Ellworth’s dying, a crash just like the one which killed him was an inherent danger of his job as a Utah Freeway Patrol trooper. Ellsworth’s injuries were not a direct outcome or a foreseeable danger of the corporate’s exercise, the Nov. 30 order states.
The choice doesn’t have an effect on another portion of the lawsuit that alleges the driving force of the automotive, now 18, was careless when she struck Ellsworth on the Friday night time two years ago. She was not criminally charged within the crash after UHP dominated it an accident.
The go well with, filed earlier this yr, seeks damages for Ellsworth’s medical and funeral payments, plus the emotional toll of his dying and other prices.