Penunuri v. Sundance
2013 UT 22
Utah
2013

Background

  • Ms. Penunuri was injured during a guided horseback ride near Sundance Resort after signing a waiver releasing Sundance from ordinary-negligence liability.
  • The Waiver stated inherent risks and that Penunuri assumed all risks, including those from Sundance’s negligence.
  • Utah Equine Activity Liability Act (78B-4-201 to -204) limits liability for inherent risks but requires notices (section 203) and defines “release” and “inherent risks.”
  • The district court denied Penunuri’s motion for partial summary judgment, finding the Waiver valid.
  • The court of appeals affirmed the Waiver’s enforceability, holding no public policy invalidity under the Equine Act.
  • The Utah Supreme Court granted certiorari to determine if the Equine Act invalidates preinjury releases for ordinary negligence or embodies a public-policy bargain similar to the Skiing Act.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the Equine Act invalidates preinjury releases for ordinary negligence Penunuri argues section 202 prevents preinjury releases for ordinary negligence Sundance argues waivers fall within the Act’s framework and are enforceable Waiver enforceable; Equine Act does not invalidate preinjury releases for ordinary negligence
Whether the Equine Act expresses a public-policy bargain like the Skiing Act to invalidate preinjury waivers Penunuri asserts the Equine Act embodies public policy similar to the Skiing Act (Rothstein) Sundance argues no public-policy bargain is expressed in the Equine Act Public-policy bargain not inferred; Rothstein inapplicable; waivers remain enforceable.

Key Cases Cited

  • Rothstein v. Snowbird Corp., 2007 UT 96 (Utah, 2007) (public policy bargain under Skiing Act invalidated waiver for negligence)
  • Hawkins ex rel. Hawkins v. Peart, 2001 UT 94 (Utah, 2001) (parental preinjury release of a minor unenforceable under public policy)
  • Marion Energy, Inc. v. KFJ Ranch P’ship, 2011 UT 50 (Utah, 2011) (statutory interpretation and public policy considerations in contract health)
  • Ivory Homes, Ltd. v. Utah State Tax Comm’n, 2011 UT 54 (Utah, 2011) (statutory interpretation and public-policy-leaning analysis)
  • Pearce v. Utah Athletic Found., 2008 UT 13 (Utah, 2008) (public policy and exculpatory provisions in sporting contexts)
  • Berube v. Fashion Ctr., Ltd., 771 P.2d 1033 (Utah, 1989) (public policy considerations in contract provisions)
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