2026 UT App 99
Utah Ct. App.2026Background
- Blackwell slipped on the corner of an unsecured entryway floor mat while exiting a Holiday Oil convenience store and injured her wrist. 1
- Blackwell later developed complex regional pain syndrome after wrist surgery. 2
- Blackwell sued Holiday Oil for negligence, alleging violations of existing standards of care and safety statutes. 3
- Trial evidence showed a contractor pressure washed the sidewalk the night before the fall, water pooled under the mat, and water was found there afterward. 4
- Blackwell’s experts relied on ANSI, ASTM, and IBC standards to say the mat was hazardous and should have been secured. 5
- The jury rejected liability, and the trial court refused Blackwell’s requested MUJI CV212 instruction based on those uncodified standards. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether uncodified ANSI, ASTM, and IBC standards are a MUJI CV212 “safety law” 7 | Blackwell said expert-supported industry standards qualify as a “rule” or safety law. | Holiday Oil said MUJI CV212 covers only codified, legally binding standards. | They are not a safety law under MUJI CV212. 8 |
| Whether the trial court erred by refusing the requested instruction 9 | Blackwell claimed she was entitled to the instruction because the standards defined the duty of care. | Holiday Oil argued the standards were uncodified and therefore outside the instruction. | No error; the court properly refused the instruction. 10 |
Key Cases Cited
- State v. Hunt, 582 P.3d 772 (Utah 2025) (jury-instruction review depends on whether the claim is legal or discretionary 11)
- Paulos v. Covenant Transp., Inc., 86 P.3d 752 (Utah Ct. App. 2004) (parties are entitled to have supported theories submitted to the jury 12)
- Armenta v. Unified Fire Auth., 573 P.3d 1283 (Utah 2025) (noscitur a sociis looks to surrounding words to determine meaning 13)
- Colosimo v. Gateway Cmty. Church, 424 P.3d 866 (Utah 2018) (Restatement section 288B limits negligence-per-se principles to codified standards 14)
- Meeks v. Peng, 545 P.3d 226 (Utah 2024) (facts on appeal are viewed in the light most favorable to the verdict 15)