Cunningham v. Weber County
2022 UT 8
| Utah | 2022Background
- Brian Cunningham, a Layton City firefighter, attended Weber County–administered SWAT training and was required to sign a preinjury Release before participation.
- The Release stated he would “unconditionally and irrevocably release and discharge the Ogden Metro SWATT Team and all related organizations and entities from any and all claims … arising … from or in connection with [his] attending or participating” in the training.
- During a demolition exercise an explosive detonated; Cunningham suffered severe facial and neck injuries.
- Cunningham sued Weber County for negligence and gross negligence; his wife, Mariah, asserted a loss of consortium claim.
- The district court granted summary judgment for the County, holding the Release enforceable and concluding the Governmental Immunity Act (GIA) did not waive immunity for gross negligence or loss of consortium.
- The Utah Supreme Court reversed: the Release was not "clear and unmistakable" and thus unenforceable; the GIA waives immunity for gross negligence and for loss of consortium claims arising from injuries for which immunity is waived; case remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability of preinjury release (waiver of negligence) | Release is invalid because it is not clear and unmistakable and may violate public interest/policy | Release broadly waives claims tied to training and should bar negligence suit | Release unenforceable: language not clear and unmistakable; district court erred |
| Whether GIA waives immunity for gross negligence | GIA §63G-7-301(2)(i) waives immunity for any injury caused by a negligent act or omission, which includes gross negligence | GIA waives only ordinary negligence; Legislature did not explicitly waive gross negligence | GIA waiver covers gross negligence (gross negligence is negligence in degree, not kind) |
| Whether GIA waives immunity for loss of consortium arising from waived injuries | Loss of consortium is an injury proximately caused by governmental negligence and is therefore within the GIA waiver | GIA does not explicitly waive immunity for loss of consortium; court should not expand waivers beyond listed claims | GIA waives immunity for loss of consortium when it arises from an injury for which immunity is waived; district court erred |
Key Cases Cited
- Union Pacific R.R. Co. v. El Paso Nat. Gas Co., 408 P.2d 910 (Utah 1965) (preinjury releases must be "clear and unmistakable")
- Jankele v. Texas Co., 54 P.2d 425 (Utah 1936) (contracts against party's own negligence discourage care and are disfavored)
- Freund v. Utah Power & Light Co., 793 P.2d 362 (Utah 1990) (contextual language can render indemnity/release clear and unmistakable)
- Union Pacific R.R. Co. v. Intermountain Farmers Ass’n, 568 P.2d 724 (Utah 1977) (courts will not infer preinjury release of negligence by implication)
- Hawkins v. Peart, 37 P.3d 1062 (Utah 2001) (adopting Tunkl factors for public-interest exception to exculpatory clauses)
- Tunkl v. Regents of Univ. of Cal., 383 P.2d 441 (Cal. 1963) (six-factor test for when exculpatory provisions offend public interest)