Estate of Flygare v. Ogden City, 2017 UT App 189 (Oct. 13, 2017).
Oct 13, 2017
Pedestrians that were struck by a car on an unlit street alleged the city was negligent in failing to repair its streetlights. After dismissal on summary judgment, the plaintiff’s filed a Rule 59 motion to alter or amend the judgment. The district court ruled against the motion, and held that it was an inappropriate motion to reconsider. Plaintiffs then appealed the summary judgment decision. Defendants argued that because the Rule 59 motion was deemed an inappropriate motion to reconsider, it had not tolled the time to appeal, and the appeal was therefore untimely. The Utah Court of Appeals held that because the motion for relief was styled as a Rule 59 motion, and it plausibly requested the relevant relief, the motion, was procedurally proper and tolled the time for appeal.