Donovan v. Sutton, 452 P.3d 1189

Nine-year-old S.S., a novice skier with one prior lesson, was skiing a beginner run with her parents when she lost her wedge, fell, and slid into experienced skier Stephanie Donovan, who was stationary taking a photo.
Donovan sued S.S. and her parents, Dwight and Julie Sutton, for negligence (including vicarious liability) and negligent supervision.
The Suttons moved for summary judgment, arguing under Ricci v. Schoultz that an inadvertent fall alone does not establish negligence and that parents exercised reasonable supervision.
Donovan argued the collision plus evidence (S.S.’s training, distance, alleged failure to yield under a municipal ordinance, and parental inattention) created factual disputes for a jury.
The district court granted summary judgment for the Suttons, holding (1) Ricci bars negligence claims based solely on an inadvertent fall absent other negligent conduct and (2) no reasonable jury could find the parents breached their supervisory duty.
On appeal the Utah Court of Appeals affirmed: Donovan produced no competent evidence beyond the collision to show S.S. breached the applicable child standard of care, nor evidence that the parents failed to exercise reasonable control.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Negligence (skiing) — did S.S. breach duty to ski reasonably and within control?	Collision (S.S. accelerated into a stationary skier), S.S.’s training and proximity, and municipal yield rule permit a jury inference of negligence.	Under Ricci, an inadvertent fall alone does not establish breach; no evidence S.S. was negligent before losing control.	Affirmed. No evidence apart from the fall shows breach; summary judgment for defendants. Vicarious liability against parents conceded nonviable.
Negligent supervision — did parents fail to exercise reasonable control over S.S.?	Parents put a nervous, inexperienced child in a setting where she could harm others and failed to monitor or control her (allowed her to ski tired, gave inadequate instruction).	Parents provided prior lessons/instruction, skied with the child, and had no realistic opportunity or duty to intercept; no evidence they failed to exercise reasonable care under Restatement §316.	Affirmed. No triable evidence that parents breached supervisory duty; summary judgment for parents.

Ricci v. Schoultz, 963 P.2d 784 (Utah Ct. App. 1998) (holding an inadvertent fall on a ski slope, by itself, does not establish negligence; skiers owe a duty to ski reasonably and within control)
Cope v. Utah Valley State College, 342 P.3d 243 (Utah 2014) (elements of negligence)
Nielsen ex rel. C.N. v. Bell ex rel. B.B., 370 P.3d 925 (Utah 2016) (child negligence standard reserved to factfinder unless no reasonable jury could disagree)
Coburn v. Whitaker Constr. Co., 445 P.3d 446 (Utah 2019) (standard of review for summary judgment)
Castellanos v. Tommy John, LLC, 321 P.3d 218 (Utah Ct. App. 2014) (summary judgment in negligence cases appropriate only in clearest instances)