Maher v. City of Box ElderAnnotate this Case
The Supreme Court reversed the judgment of the circuit court granting summary judgment in favor of the City of Box Elder on William Maher’s claim that the City negligently operated its water system and caused his waterlines to break, holding that the public duty rule did not apply in this case.
In moving for summary judgment, the City argued that the public duty rule precluded imposition of a duty because Maher failed to establish that the City owed him a special duty. The circuit court agreed with the City and granted summary judgment. The Supreme Court reversed, holding (1) the public duty rule did not apply in this case; and (2) the City owed Maher a duty to use reasonable care in its operation of its water system.