Kay v. SUMMIT SYSTEMS, INC.

HOWE, Justice,

dissenting:

I dissent for the reasons stated in my dissenting opinion in Swenson Associates Architects, P.C. v. State, 889 P.2d 415, 417 (Utah 1994).

DURHAM, J., having disqualified herself, does not participate herein; STEVEN L. HANSEN, District Judge, sat.