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UDOT dismissed from Payson lawsuit

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PROVO — Judge Fred D. Howard has dismissed the Utah Department of Transportation from a lawsuit brought by the Payson city recorder over alleged damages to her home during a construction project.

The 4th District judge concluded that a claim against UDOT can't be made because the department is protected by the Governmental Immunity Act of Utah.

"We still have several other defendants," said Jacob Taylor, attorney for City Recorder Jeanette Curtis.

They include the city of Payson, Liberty Mutual insurance company, which insured the Curtis home, some construction companies and an engineering firm.

A heavy roller working on a pedestrian pathway under state Route 198 near the Curtis home caused vibrations that damaged the house, according to the lawsuit. Curtis filed a claim with the city's insurance carrier, but it was denied. She also filed a claim with her insurance, Liberty Mutual, which also denied it. The lawsuit is alleging breach of contract against her insurance carrier, Taylor said.

— Rodger L. Hardy