Northgate Village Development, LC v. City of OremAnnotate this Case
In this breach of contract action the Supreme Court affirmed the decision of the court of appeals reversing two of the district court's pretrial evidentiary rulings, holding that the court of appeals did not err in holding that the district court incorrectly excluded expert testimony and other evidence proposed by Plaintiff.
Plaintiff, Northgate Village Development, LC, brought this action against the City of Orem seeking to recover the cost of cleaning up property Northgate had purchased from the City. The district court granted summary judgment for the City. The court of appeals reversed. On remand, the City made pretrial motions to exclude some of Northgate's proposed evidence. The district court granted the motion as to Northgate's proposed evidence and excluded Northgate's experts as a discovery sanction. Northgate filed an interlocutory appeal. The court of appeals reversed both evidentiary orders. The Supreme Court affirmed, holding (1) the district court erred in excluding Northgate's proposed expert testimony as a discovery sanction because it applied the wrong version of Utah R. Civ. P. 26; and (2) the district court abused its discretion in excluding the challenged evidence as irrelevant under Utah R. Evid. 401 and as prejudicial under Utah. R. Evid. 403.