Tallman v. City of Hurricane
In Tallman v. City of Hurricane, 1999 UT 55, 1999 UT App 55, 985 P.2d 892, the city of Hurricane hired Progressive Construction Company to install water lines. Id. 1999 UT App 55 at P2.
Progressive then subcontracted with Haukos to dig the trenches in which Progressive employees would lay the pipe. Id.
Progressive had a contractual responsibility to provide "all trench protection and shoring" which it did not fulfill. Id.
Progressive employee Tallman was killed when a rock falling from an unshored trench wall struck him on the head. Id.
Progressive believed that the trenches had been dug in solid rock, but no engineer investigated to verify this. Id. 1999 UT App 55 at P3.
The Court adopted relevant Occupational Safety & Health Association (OSHA) and Utah Occupational Safety & Health Association (UOSHA) standards governing the digging of trenches as evidence of the standard of reasonable care. Id. 1999 UT App 55 at P11.