Donovan v. Sutton, 498 P.3d 382

On a beginner "green" run called "First Time," nine-year-old S.S., a beginner skier who had prior lessons, skied with her father, Dwight Sutton, who trailed her skiing backwards to supervise.
S.S. was skiing slowly in a wedge but inadvertently lost the wedge, accelerated, shouted "look out!," and struck Stephanie Donovan from behind as Donovan stood taking a photo; Donovan sustained arm/shoulder injuries.
Donovan sued S.S. for negligence and Mr. Sutton for negligent supervision; the district court granted summary judgment for the Suttons and the court of appeals affirmed.
The parties agreed on material facts; the legal questions were the applicable duty of care for skiers (and for child skiers) and whether those duties were breached by S.S. or by Mr. Sutton’s supervision.
The Utah Supreme Court held the general duty is to exercise reasonable care while skiing and that a child’s duty is measured by what children of the same age, intelligence, and experience would do; it affirmed summary judgment, finding no breach by S.S. and no negligent supervision by Mr. Sutton.
The court declined to resolve whether a local ordinance applied as the negligence standard (issue not preserved) and declined to adopt or apply Restatement §316 because Donovan failed to show S.S. created an "unreasonable risk of bodily harm."

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether S.S. was negligent in colliding with Donovan	Donovan: S.S. failed to control speed, keep lookout, ignored father’s instructions, and violated ski rules, so she breached duty	Suttons: S.S. was a cautious nine-year-old who lost control inadvertently on a beginner run despite supervision; an accidental fall alone does not show negligence	Court: Duty is reasonable care while skiing; child judged by child standard; undisputed facts do not show breach—summary judgment affirmed
Whether Mr. Sutton negligently supervised S.S.	Donovan: Sutton knew S.S. was inexperienced/fearful and possibly tired, his supervision was inadequate and he should have intervened or warned Donovan	Suttons: Sutton actively supervised (skied backward, instructed her, taught how to fall); had no reason or time to do more	Court: Donovan failed to show S.S. created an "unreasonable risk of bodily harm" required to trigger parental-supervision liability under Restatement §316; summary judgment affirmed

Ricci v. Schoultz, 963 P.2d 784 (Utah Ct. App. 1998) (articulated that skiers owe duty to ski reasonably and within control; inadvertent fall alone insufficient to prove breach)
Nixon v. Clay, 449 P.3d 11 (Utah 2019) (participants need not eliminate risks inherent in a sport)
Colosimo v. Gateway Cmty. Church, 424 P.3d 866 (Utah 2018) (standards for using statutes/ordinances to establish tort duty)
Donohue v. Rolando, 400 P.2d 12 (Utah 1965) (child negligence standard: care of children of same age, intelligence, experience)
B.R. ex rel. Jeffs v. West, 275 P.3d 228 (Utah 2012) (elements of negligence claim)
Dwiggins v. Morgan Jewelers, 811 P.2d 182 (Utah 1991) (summary judgment in negligence is appropriate only in clearest instances)