An 8th District Court judge has denied the state's motion for summary judgment in a 3-year-old wrongful death suit filed by a Roosevelt couple against the Utah Department of Transportation.
Judge A. Lynn Payne gave Gerry D'Elia, the attorney for Ted and Dannette Brooksby, 15 days to file an amended complaint with the court, saying that the complaint filed in September 1996 was "too broad." He also told attorneys on both sides that he wants more information filed with the court before other motions are made in the case as it winds its way toward a possible jury trial.The Brooksbys' children, 4-year-old Daryl and 2-year-old Jessica, were killed in an accident on U.S. 40 near Tri W Pipe & Supply on Sept. 14, 1994 as Dannette Brooksby was driving her son to a school bus stop.
Her vehicle was struck from behind as she attempted to make a left-hand turn into the bus stop. The impact pushed the Brooksby vehicle into oncoming westbound traffic.
Dannette Brooksby was seriously injured in the crash and still suffers from those injuries. The couple has since divorced.
The lawsuit charges that UDOT is responsible for operating, maintaining, constructing and designing state highways safely. It states that UDOT "breached their duty to plaintiffs and to the plaintiffs' minor children by failing to maintain and operate Utah (U.S.) 40 so that it would be reasonably safe for its intended purpose."