Case Summary: Jenkins v Jordan Valley Water Conservancy District
Posted on Sep. 5, 2012

As we have discussed, there are some circumstances in which a party can sue the government, and other situations when one cannot. Because the government provides services for the good of the public, it enjoys immunity from many lawsuits. The Utah Court of Appeals case, Jenkins v Jordan Valley Water Conservancy District, discussed the bounds of the governmental immunity.

In that case, in the span of ten years, a forty-five year old water main controlled by Jordan Valley broke eleven times. The last two times, it flooded the Jenkins home twice in eleven months. Cases like this pit individuals – whose lives and property were indisputably disrupted and damaged – against a local government bodies, which is seeking to maximize a public good while facing budget constraints.   The Court of Appeals determined that the Jenkins can take their case to trial or a settlement. In addition, as we discussed in the note regarding the Barrientos* case, parties who seek to bring lawsuits against governmental entities face particular hurdles, and the experienced litigators of Jones Waldo can assist you in leaping those challenges.

Post Comment:




kathleenAttorney Kathleen McDonald

Kathleen is a shareholder at Jones Waldo.  She specializes in litigation with a particular emphasis on appeals and commercial litigation.  Kathleen has written or argued appeals in the Tenth Circuit, the Utah Court of Appeals, and the Utah Supreme Court.  Kathleen specializes in construction, environmental, civil rights, and commercial litigation.

Kathleen received her law degree with honors from the University of Arizona in 2004.  She received her undergraduate degree from Oberlin College.  Kathleen has unusually well-rounded legal experience; in law school, Kathleen clerked with an in-house corporate attorney and worked in government.  She also clerked at the Utah Court of Appeals.  

Local Foundations

Kathleen volunteers a significant amount of time each week with a variety of community programs including the Tracy Aviary, the Bennion Center and Friends of Animals.

tracy aviary
friends of animals

Bennion center

red butte

nature conservancy