Francis v. State
2010 UT 62
| Utah | 2010Background
- Samuel Ives, 11, was killed by a black bear while sleeping in a tent at an unimproved campsite in American Fork Canyon.
- The bear attack occurred after DWR had been alerted to a prior bear incident at the same site and had begun a search that evening but did not notify campers or seek USFS to close the area.
- The campsite is federally owned and controlled; only the federal government could issue or revoke permission to stay there or close the site.
- Plaintiffs Kevan Francis, Rebecca Ives, Tim Mulvey, and Rebecca Ives sued the State for negligence; the State conceded negligence for purposes of the motion.
- The State moved for judgment on the pleadings arguing immunity under the Governmental Immunity Act’s permit exception, which the district court granted.
- This Court reverses, holding the permit exception does not apply because the land and authorization were controlled by the federal government, not the State.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the permit exception immunizes the State. | Ives contends immunity applies due to injury arising from failure to seek federal closure. | State argues permit exception applies because injury arises from failure to issue/deny permit related to camping. | No immunity under permit exception; federal control prevents application. |
| Whether the district court should affirm on alternative grounds. | N/A | N/A | Alternate grounds not apparent on record; not affirmed on those grounds. |
| Whether the natural condition or public duty doctrine could shield the State. | N/A | State urged these theories but did not pursue them below. | Not affirmed on these grounds; not apparent on the record. |
Key Cases Cited
- Peck v. State, 2008 UT 39, 191 P.3d 4 (Utah 2008) (discusses assault/other exceptions to immunity not controlling here)
- Taylor v. Ogden City School District, 927 P.2d 159, (Utah 1996) (Utah 1996) (addresses assault exception; distinguishable from permit exception)
- Ledfors v. Emery County School District, 849 P.2d 1162, (Utah 1993) (Utah 1993) (discusses assault exception; not applicable to federal land issue here)
- Bailey v. Bayles, 2002 UT 58, 52 P.3d 1158 (Utah 2002) (affirmance on alternate grounds requires apparent record basis)
- Montoya v. State, 937 P.2d 145, (Utah Ct.App.1997) (Utah Ct.App.1997) (affirmance on any proper ground must be apparent on record)