423 P.3d 1150
Utah2017Background
- Ms. Penunuri was injured in August 2007 during a guided Sundance horseback ride and sued Sundance entities and Rocky Mountain Outfitters for negligence and gross negligence.
- The Utah Supreme Court previously affirmed dismissal of ordinary negligence claims in 2013, leaving gross negligence as the issue on remand.
- Penunuri signed a Horseback Riding Release acknowledging inherent risks; signs warned of inherent risks; the guide instructed riders and the group had an order that changed during the ride.
- The ride progressed with gaps between riders widening to over 100 feet; Penunuri fell when the guide turned back to Haley's horse near a clearing.
- The district court granted summary judgment to Sundance on gross negligence and later awarded deposition costs; the court of appeals affirmed; certiorari was granted on three questions.
- The Supreme Court held that summary judgment on gross negligence may be granted without the standard of care being fixed by law, affirmed no gross negligence, and upheld deposition-cost award.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard for gross negligence summary judgment | Penunuri argues Berry requires fixed-by-law standard and one-way conclusion. | Sundance argues Berry applies but does not mandate fixed-by-law; Blaisdell controls disjunctive approach. | Summary judgment proper without fixed-by-law standard. |
| Reasonable minds could only conclude no gross negligence | Undisputed facts show extraordinary risk from guide's actions. | Evidence does not show a significantly elevated risk; gaps alone aren’t enough. | No reasonable fact finder could find gross negligence. |
| Deposition costs | Costs should not be awarded for depositions not essential. | Costs were properly awarded under Frampton and Giusti. | District court did not abuse discretion; deposition costs affirmed. |
Key Cases Cited
- Berry v. Greater Park City Co., 2007 UT 87 (Utah 2007) (fixed-by-law prerequisite for gross negligence summary judgment)
- Pearce v. Utah Athletic Foundation, 2008 UT 13 (Utah 2008) (conjunctive prongs requiring fixed-by-law and single- conclusion)
- Blaisdell v. Dentrix Dental Sys., Inc., 2012 UT 37 (Utah 2012) (summary judgment allowed without fixed-by-law standard)
- White v. Deseelhorst, 879 P.2d 1371 (Utah 1994) (historic description of standard of care and summary judgment)
- Wycalis v. Guardian Title of Utah, 780 P.2d 821 (Utah Ct. App. 1989) (initial articulations leading to fixed-by-law concept)
- Frampton v. Wilson, 605 P.2d 771 (Utah 1980) (depositions may be taxed as costs when taken in good faith and essential)
- Giusti v. Sterling Wentworth Corp., 2009 UT 2 (Utah 2009) (deposition costs must be taken in good faith and essential)
- Orvis v. Johnson, 2008 UT 2 (Utah 2008) (context on summary judgment standard and Rule 56)