319 P.3d 708
Utah Ct. App.2014Background
- Candelaria operated a cafe in CBRE’s leased space on the Property in downtown Salt Lake City.
- Snow accumulation on the Property after heavy snowfall left snow and hidden ice in the parking lot behind the building and around dumpsters.
- Park West, CBRE’s maintenance contractor, had CMS remove snow/ice but no removal occurred since February 6.
- On February 20, 2008, Candelaria slipped on ice concealed beneath snow near the dumpsters and sustained injuries.
- Candelaria sued CBRE, Park West, and CMS for negligence and negligent infliction of emotional distress; a district court granted summary judgment to CBRE and CMS and dismissed some claims.
- The appellate court affirmed in part, reversed in part, and remanded for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty and open-and-obvious danger question | Candelaria contends ice was not open and obvious; facts create dispute. | Defendants contend winter conditions made ice obvious. | Disputed issue of material fact exists; summary judgment improper on negligence. |
| Negligent infliction of emotional distress viability | Emotional distress arose from the accident itself, not unrelated injuries. | Emotional distress must be caused independently of physical injury; not shown. | District court affirmed on IIED; insufficient evidence of independent emotional distress. |
| Remand for proceedings on negligence claim | Negligence duty and causation issues remained unresolved. | No further issues identified after summary judgment. | Remand proper to resolve open issues consistent with decision. |
| Intentional infliction of emotional distress not at issue on appeal | Not challenged on appeal. | Not argued for reversal. | Not appealed or reconsidered; affirmed as to IIED claim. |
Key Cases Cited
- Hale v. Beckstead, 2005 UT 24, 116 P.3d 263 (Utah Supreme Court 2005) (open-and-obvious danger rule governs duty to invitees)
- Orvis v. Johnson, 2008 UT 2, 177 P.3d 600 (Utah Supreme Court 2008) (summary judgment standard and view of facts in favor of nonmoving party)
- Holbrook Co. v. Adams, 542 P.2d 191 (Utah 1975) (Utah Supreme Court 1975) (one sworn statement can create a genuine issue of fact)
- Jensen v. Gardner, 2012 UT App 146, 279 P.3d 844 (Utah Court of Appeals 2012) (open-and-obvious danger concept applied to premises liability)
- Dalley v. Utah Valley Reg'l Med. Ctr., 791 P.2d 198 (Utah 1990) (Utah Supreme Court 1990) (emotional distress damages must tie to physical injury or separate distress)
- Niemela v. Imperial Mfg., Inc., 2011 UT App 333, 263 P.3d 1191 (Utah Court of Appeals 2011) (summary judgment requiring prima facie proof of each element)
- Basic Research, LLC v. Admiral Ins. Co., 2013 UT 6, 297 P.3d 578 (Utah Supreme Court 2013) (summary judgment standard; no genuine issues of material fact)