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Hansen v. Eyre5/13/2005
On Certiorari to the Utah Court of Appeals
INTRODUCTION
Petitioner Tyler Hansen (Hansen) seeks review of the court of appeals' decision affirming the district court's denial of his motion for partial summary judgment. Hansen's motion asked the trial court to hold, as a matter of law, that Hansen was legally justified in riding his bicycle in a bike lane on the left-hand side of the road, pursuant to Salt Lake City Code section 12.80.070. We affirm the decision of the court of appeals and hold that Hansen was not justified in riding his bicycle on the left-hand side of the road for the reasons set forth below.
BACKGROUND
This case arises from a vehicle-bicycle accident that occurred on February 17, 2000. Hansen was riding his bicycle eastbound on 200 South in Salt Lake City, on the left-hand side of the road, against the flow of traffic but within a marked bicycle lane. Amanda Eyre (Eyre) was driving a van southbound on 500 East. Eyre allegedly stopped at 200 South at a red light, preparing to turn right, when Hansen reached the 500 East-200 South intersection on his bicycle. Eyre turned right into the bicycle lane and collided with Hansen, causing Hansen substantial injury. Hansen and Eyre were both acting within the scope of their employment at the time of the accident.
Following the accident, Hansen filed a personal injury suit against Eyre. Hansen then filed a motion for partial summary judgment, asking the district court to rule, as a matter of law, that he was legally justified in riding his bicycle in the left-hand lane. He argued that his action was justified pursuant to Salt Lake City Code section 12.80.070, which states that " t is unlawful for operators of bicycles . . . o ride upon the left-hand side of any street, except when they are within a marked bicycle lane or when riding upon a one-way street." Salt Lake City Code § 12.80.070(I) (2000) (amended 2003).
The Nature Conservancy (the Conservancy), Eyre's employer , subsequently joined the suit and filed a cross-motion for summary judgment, asking the court to hold that Utah Code section 41-6-87(1) prohibits bicycle riders from traveling in the left-hand lane, and that any ordinance to the contrary is an invalid exercise of local authority.
The district court denied Hansen's motion for partial summary judgment, stating that "it is directly against the Utah statute to travel by bicycle against the flow of vehicle traffic." While not expressly ruling on the validity of the city ordinance, the district court concluded that the jury instructions would have to be "properly tailored [to state] that plaintiff was not justified by ordinance nor state law in traveling . . . against traffic." The court also denied the Conservancy's cross-motion, reserving the question of negligence for the jury.
On an interlocutory appeal, the court of appeals affirmed the decision of the district court, holding that Utah Code section 41-6-87 requires bicyclists to ride with the flow of traffic. Hansen v. Eyre, 2003 UT App 274, 13, 74 P.3d 1182. The court of appeals also held that, to the extent Salt Lake City Code section 12.80.070 conflicted with state law, it was invalid. Id. at 15. This court granted Hansen's petition for certiorari.
In his petition, Hansen argues that the court of appeals erred by: (1) denying him due process of law by retroactively invalidating an ordinance upon which he relied; (2) holding that Salt Lake City Code section 12.80.070(I) was invalid; and (3) invalidating an ordinance without requiring Salt Lake City's joinder, in violation of Utah Code section 78-33-11.
STANDARD OF REVIEW
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