285 P.3d 1230
Utah Ct. App.2012Background
- Mallory injured when BYU traffic cadet Robinson directed his motorcycle onto a public street after a BYU game; collision with Stratton caused serious injuries.
- Mallory filed a complaint in 2009 against BYU, Robinson, other BYU agents, and Stratton alleging negligence.
- Defendants asserted immunity under the Utah Governmental Immunity Act (GIAU) and argued no notice of claim had been filed.
- The trial court granted a dismissal for lack of subject matter jurisdiction, later remanding or dismissing in October 2010.
- On appeal, the Utah Court of Appeals held the dismissal was not converted to summary judgment, but remanded to resolve whether Defendants were immune servants under the GIAU, and affirmed venue transfer to Utah County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 12(b)(1) dismissal was converted to summary judgment | Mallory argues the facts outside the complaint require Rule 56 discovery | Defendants contend 12(b)(1) motion remains a 12(b)(1) motion | Dismissal not converted to summary judgment |
| Whether Defendants qualify for GIAU immunity as Provo City servants | Mallory asserts Defendants are not immune agents under Provo City control | BYU/Robinson are Provo City agents/servants and immune | Question of whether Defendants are Servants under government control remanded for factual resolution |
| Whether Provo City retained control over Defendants' traffic control | Record insufficient to show Provo City's control | Defendants acted under authority; city control supports immunity | Remand to determine control; if control exists, immunity applies |
| Whether venue transfer to Utah County was proper | Mallory argues improper venue change | Utah County convenient; witnesses and parties reside there | Venue transfer affirmed as reasonable |
| Whether the GIAU applies on remand to define immunity scope | GIAU applies to constrain liability | GIAU applies only to agents under control; scope contested | Remand necessary to determine applicability on remand |
Key Cases Cited
- Spoons v. Lewis, 1999 UT 82 (Utah Supreme Court, 1999) (12(b)(1) motion not converted to summary judgment when based on notice of claim)
- Wheeler v. McPherson, 2002 UT 16 (Utah Supreme Court, 2002) (compliance with immunity acts is a question of law; no deference on dismissal)
- Dowsett v. Dowsett, 207 P.2d 809 (Utah Supreme Court, 1949) (servant vs. independent contractor distinction under agency)
- Intermountain Speedway v. Industrial Comm'n, 126 P.2d 22 (Utah Supreme Court, 1942) (definition of servant within agency context)