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SALT LAKE CITY — A judge has dismissed a wrongful death lawsuit filed by the parents of a child who was hit and killed in an Eagle Mountain corral, ruling the state of Utah and its workers have governmental immunity.
"I understand that this is disappointing to the plaintiffs," 3rd District Judge Linda Jones said. "The loss of their son and his friend is tragic and unimaginable — a parent's worst nightmare. But I am required to follow the law."
She said the Utah Legislature has been clear that governmental immunity applies in situations like the one Theresa and Robert Ratliff outlined in the lawsuit they filed for the death of their 3-year-old son, Odin Ratliff.
Odin and Hunter Jackson, also 3 years old, were both killed when a car went off the road in Eagle Mountain and into Cedar Valley Stables, where they were playing together, and hit them on May 2, 2022. Kent Cody Barlow, the driver of the car, is charged with two counts of murder, a first-degree felony, in their deaths. He is scheduled for a jury trial in April.
Odin's parents had asked in the lawsuit for money to cover medical expenses, lost wages and mental anguish caused by their son's death.
The Ratliff family claimed Barlow has a "long and troubling history of disregarding the law." Their lawsuit says his parole was revoked on Sept. 28, 2021, but he was released less than 30 days later, allowing him to be out of custody when he crashed into the stables.
The family claimed that Wasatch Behavioral Health, which was contracted by the state, had unqualified employees on its staff who gave falsified reports on how Barlow was doing to representatives of Utah.
Jones went on to detail her analysis of why governmental immunity was not waived for Wasatch Behavioral Health or state employees, saying the employees' actions were omissions rather than purposeful actions. Because of that, she said the state is protected under Utah law.
The Ratliff family asked the judge to dismiss claims there was a conspiracy without prejudice, which would allow them to file that portion of the lawsuit again once they learned the names of individuals they allege were part of the conspiracy. However, Jones decided to dismiss the case with prejudice — meaning the family cannot file again — ruing that knowing the individuals involved would not make a difference.
Barlow's next hearing, a motion hearing in preparation for trial, is scheduled for Dec. 19.
