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GRAPPENDORF v. PLEASANT GROVE CITY

No. 20060461.

173 P.3d 166 (2007)

2007 UT 84

Daniel GRAPPENDORF and Heidi Grappendorf, individually and as parents and heirs of Daniel Austin Grappendorf, Phil Thompson, and Jenny Thompson, Plaintiffs and Appellants, v. PLEASANT GROVE CITY and American Sports International, Ltd., aka American Athletics, Inc., et al., Defendants and Appellee.

Supreme Court of Utah.

Rehearing Denied November 28, 2007.

Attorney(s) appearing for the Case

Edward P. Moriarity, Shandar S. Badaruddin, Bradley L. Booke, Robert D. Strieper, Salt Lake City, for appellants.

Peter Stirba, Gary R. Guelker, Meb W. Anderson, Salt Lake City, for appellee.

PARRISH, Justice:

INTRODUCTION

¶ 1 This case requires us to construe the natural condition exception to the State of Utah's waiver of governmental immunity. Utah Code Ann. § 63-30-10(11) (1997). The Grappendorfs brought this action against Pleasant Grove City after their young son was killed by a moveable pitching mound that was projected through the air by a violent gust of wind. The district court granted summary judgment to Pleasant Grove, holding...

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