322 P.3d 706
Utah2014Background
- Plaintiff Kareena MacGregor alleged repeated sexual abuse as a teen and that her LDS bishop, Douglas Walker, counseled her but did not call the Church’s 24/7 Help Line staffed by legal and counseling professionals.
- The LDS Church operates the Help Line to advise ecclesiastical leaders (not victims directly) about protecting victims and legal reporting duties; Help Line staff do not communicate with victims and leaders retain discretion.
- MacGregor sued Walker and the Church asserting a negligence claim under Restatement (Second) of Torts § 323 (voluntary undertaking) for failing to use the Help Line, and claimed respondeat superior liability against the Church.
- The district court granted summary judgment for the Church Defendants (relying on First Amendment immunity); the court of appeals granted certiorari and the Utah Supreme Court reviewed duty issues de novo.
- The Supreme Court assumed, without deciding, that the Church may have undertaken a service via the Help Line but held MacGregor failed to show the undertaking increased her risk of physical harm as required by § 323; court also rejected imposing a duty on public policy grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Church’s Help Line created a § 323 voluntary undertaking duty to abuse victims | Help Line amounted to a voluntary undertaking to protect child-victims, so Church/Walker owed affirmative duty | Help Line is an internal resource for clergy only; any benefit to victims is indirect and no duty arises | Court assumed undertaking arguendo but resolved case on other grounds (see below) |
| Whether failure to use the Help Line increased plaintiff’s risk of physical harm under § 323(a) | Walker’s failure to call Help Line worsened MacGregor’s position and launched harm | No change in risk: plaintiff was not placed in a worse position than if Help Line never existed | Held no — plaintiff did not show increased risk; § 323 claim fails |
| Whether plaintiff relied on the Help Line such that § 323(b) applies | Implied reliance on Church’s resources and clergy guidance | Plaintiff did not allege reliance; Help Line serves clergy, not victims | Held no — MacGregor did not claim reliance; § 323(b) not satisfied |
| Whether public policy supports imposing a duty based on Help Line creation | Public policy favors protecting victims and holding institutions accountable | Imposing duty would chill organizations from creating internal programs and interfere with religious exercise; would be contrary to policy | Held no — public policy disfavors imposing such a duty; summary judgment affirmed |
Key Cases Cited
- DCR Inc. v. Peak Alarm Co., 663 P.2d 433 (Utah 1983) (adopting Restatement § 323 but requiring narrow construction of assumed duties)
- Alder v. Bayer Corp., 61 P.3d 1068 (Utah 2002) (§ 323(a) requires a change that increases risk relative to the pre-undertaking condition)
- Fishbaugh v. Utah Power & Light, 969 P.2d 403 (Utah 1998) (defendant’s undertaking must not leave plaintiff in a worse position than if undertaking had not occurred)
- AMS Salt Indus., Inc. v. Magnesium Corp. of Am., 942 P.2d 315 (Utah 1997) (public policy can preclude imposing duties that would discourage protective measures)
- Wark v. United States, 269 F.3d 1185 (10th Cir. 2001) (interpreting § 323 to require that undertaking be reasonably calculated to prevent the plaintiff’s type of harm)