Orr v. UINTAH COUNTY
2011 UT App 235
Utah Ct. App.2011Background
- Orrs sue Uintah County in Utah Court of Appeals seeking relief related to helicopter search-and-rescue operations and a potential immunity defense.
- Plaintiffs include Claudia and Eugene Orr on behalf of their deceased son Kevin Orr, and Holly Orr on behalf of Kevin's estate and heirs.
- Orrs pleaded three claims: (1) whether Helicopter Defendants are covered by the Volunteer Government Workers Act and immune under the Voluntary Services Act; (2) immunity under the Voluntary Services Act for damages from Kevin Orr's death; (3) damages from the County under a defense and indemnity policy if Helicopter Defendants were volunteers.
- The district court dismissed the first two claims, holding Helicopter Defendants were not parties in Orr I and any claims should have been raised there; it also dismissed the third claim for failure to allege County negligence.
- On appeal, Orrs urge dismissal of nothing under the Voluntary Services Act and argue that the district court erred in not recognizing a claim under that Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Orrs stated a claim under the Voluntary Services Act against the County | Orrs argue Helicopter Defendants were volunteers supervised by the County | County contends no volunteer status, no County supervision, and no actionable claim | No viable claim; Act does not establish a cause of action against the County |
| Whether volunteers are immune under the Voluntary Services Act and can bind the County | If volunteers, immunity applies to Grayson and PMD, imputable to County | Lack of sufficient supervisory control undermines immunity | Insufficient facts to show supervision or immunity under the Act |
| Whether Orrs stated a claim for damages under a defense-and-indemnity policy with the County | County liable under statutory defense and indemnity if volunteers found | No negligence/gross negligence pleaded against County; no basis for indemnity claim | District court properly dismissed for failure to state a claim |
Key Cases Cited
- Osguthorpe v. Wolf Mountain Resorts, LC, 232 P.3d 999 (2010 UT 29) (review of Rule 12(b)(6) dismissal; accepting pleaded facts as true)
- Brown v. Division of Water Rights, 228 P.3d 747 (2010 UT 14) (treatment of factual inference and posture in reviewing claims)