Build v. Utah Department of TransportationAnnotate this Case
In holding that the successor judge in this case had authority to dismiss Plaintiff’s claims for breach of contract and consequential damages and committed no reversible error by doing so, the Supreme Court repudiated any language in its precedent that suggests that a successor judge on a case is bound by nonfinal decisions and rulings made by his predecessor.
Plaintiff, who was hired by the Utah Department of Transportation (UDOT) to work on different construction projects, filed various claims against UDOT and other contractors on the projects. UDOT moved for summary judgment on claims for breach of contract on the “Arcadia” project and claims seeking consequential damages. Judge Kennedy, the original judge assigned to the case, denied both motions. Judge Kennedy was then replaced in this case by Judge Harris. Judge Harris ultimately dismissed Plaintiff’s claims for breach of contract and consequential damages. Plaintiff filed this interlocutory appeal, arguing that Judge Harris violated the so-called coordinate judge rule, which Plaintiff alleged limits the discretion of a successor judge to revisit decisions of a predecessor. The Supreme Court disagreed, holding (1) a successor judge has the same power to review nonfatal decisions that a predecessor would have had; and (2) Judge Harris did not commit reversible error by dismissing the claims at issue.