Broderick v. Apartment Management Consultants, L.L.C.
279 P.3d 391
Utah2012Background
- Tenants resided at a Canyon Cove/AMC-managed complex in Ogden, Utah.
- Between March and August 2005, each Tenant signed a lease containing an Exculpatory Clause.
- The Clause provides no liability for damages or injuries caused by residents or owner’s negligence unless gross negligence.
- In November 2005, a fire/arson caused property damage and injuries; Tenants sued AMC for negligence.
- The district court granted summary judgment for AMC, finding the Clause valid and enforceable.
- On appeal, Tenants argue the Clause is unenforceable under Utah public policy and the public interest under Tunkl; AMC inadequately briefed the issues; the court reverses and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Exculpatory Clause is unenforceable under Utah public policy | Tenants: policy disfavors shielding landlords from negligence | AMC: Clause clear and enforceable | unenforceable under public policy |
| Whether the Clause falls within the Tunkl public-interest factors | Tenants: five or more Tunkl factors apply | AMC: factors do not all apply | insufficient briefing; unresolved merits; clause unenforceable on public-interest grounds |
| Whether the Agreement/Clause are adhesion contracts | Tenants: clause is adhesive and oppressive | AMC: not addressed; not rebutted | court did not rely on adhesion status due to other grounds |
| Whether AMC’s alleged negligence contributed to losses is relevant to enforceability | Tenants: causation not required to evaluate policy/public-interest | AMC: causation is needed to bar claims | causation analysis not dispositive for unenforceability; not reached |
Key Cases Cited
- Pearce v. Utah Athletic Found., 2008 UT 13 (Utah Supreme Court, 2008) (Tunkl factors applied to public-interest analysis)
- Berry v. Greater Park City Co., 2007 UT 87 (Utah Supreme Court, 2007) (Tunkl framework for public-interest assessment)
- Angel Investors, LLC v. Garrity, 2009 UT 40 (Utah Supreme Court, 2009) (briefing and standards for adequate appellate argument)
- Alliant Techsystems, Inc. v. Salt Lake Cnty. Bd. of Equalization, 2012 UT 4 (Utah Supreme Court, 2012) (standard for reviewing appeals; adherence to briefing)