Tiede v. State

In Tiede v. State, 915 P.2d 500 (Utah 1996), the Court addressed whether Utah Const. art. XVI, 5. precluded application of the Act in a wrongful death action against the State. The Court held that it did not, observing that when the state constitution was adopted, there was no express constitutional or statutory authority allowing suits for wrongful death against the State. The Court concluded that the Act "does not abrogate any previously existing right of action and therefore does not violate article XVI, section 5." Id. at 504.