Bragging Rights

Sometimes the work of a personal injury attorney feels like toiling away without any reward. Then, on occasion, being a lawyer has its good days too. I (Pete Summerill here) am lucky enough to have prevailed in the cases of Dexter v. Bosko (right of inmate to bring civil rights action under Utah Constitution) and Bybee v. Abdulla (preventing a doctor from forcing wrongful death heirs into private pay-to-play arbitration for claim of medical malpractice). Now, those two cases are getting some recognition as well: Bybee v. Abdulla was just cited in the American Association for Justice’s monthly magazine Trial and Dexter v. Bosko will be featured locally in an article appearing in the Utah Association for Justice’s publication Utah Trial Journal. I hope that these decisions will go a long way toward preserving the rights of wrongful death heirs and the civil rights of prisoners well into the future.

Utah State Supreme Court - Dexter v. Bosko et. al.

We recently obtained a favorable ruling from the Utah Supreme Court upholding the right of an inmate to sue for damages when guards failed to seat belt him prior to freeway travel. Kelvin Dexter was ejected from a Ford 15 passenger van when the van rolled over. Shackled at the wrists, waist and legs, Mr. Dexter could not fasten his own seat belt. The guard/driver refused to seat belt the inmates. Mr. Dexter was ejected when the guard/driver lost control of the vehicle while reaching for a soda or bag of chips at freeway speed. The van rolled several times, ejecting Mr. Dexter. The rollover severed Mr. Dexter's spinal cord, rendering him a quadriplegic. Eventually, Mr. Dexter developed complications as a result of his quadriplegia and died, leaving behind a wife and children. The Utah Supreme Court recognized that the Utah Constitution prohibits exposing inmates to "unreasonably harsh, strict, or severe treatment [or] unnecessarily exposed to an increased risk of serious harm." Because the failure to provide the fundamental and basic safety of a seat belt exposed Mr. Dexter to unreasonable and unnecessary risk of harm, the court held that the guards may be held liable for the harm caused by their refusal to seat belt Mr. Dexter. The full opinion can be read here: Dexter v. Bosko, et. al. (pdf).