The Utah Court of Appeals threw out a case, today, filed by Danny Thorpe.  Danny Thorpe was represented by Justin Heideman of Provo and Washington City was represented by Bryan Pattison and Jeffrey Starkey of St. George.

Danny Thorpe was an employee of Washington City.  He was fired when he failed a breath acohol test for the second time during his employment.  The city claimed that violated their policies and fired him.

Mr. Thorpe hired an attorney and appealed his termination.  An administrative hearing was held that he lost.  He then filed suit.  The law suit alleged multiple reasons why Mr. Thorpe was entitled to relief.  The Court of Appeals threw out all of his claims.

The Court threw out his Whistle-blower claim because it had not been filed until after the Statute of Limitations had run.

The Court threw out his Wronful discharge, due process violations and breach of contract claims because they were filed in the wrong court.

Finally, the court threw out the unjust enrichment claim because Mr. Thorpe failed to plead an essential element of the claim in his complaint.