Penunuri v. Sundance Partners, Ltd.
301 P.3d 984
Utah2013Background
- Ms. Penunuri was injured during a guided horseback ride and signed a Waiver that released Sundance from ordinary-negligence liability.
- She sued Sundance for negligence, gross negligence, and vicarious liability; district court denied her partial summary judgment and dismissed some claims.
- Appellate court affirmed, concluding the Waiver was valid; Penunuri petitioned for certiorari to challenge the Equine Act interpretation.
- Equine Act sections: 202 bars liability for inherent risks unless sponsor is negligent; 208 requires notice via sign or signed release.
- Ride involved five participants and one guide; a gap formed and the lead tightened reins; Penunuri’s horse accelerated causing her fall and injuries.
- The Court reviews questions of statutory interpretation and whether the Equine Act or public policy invalidates preinjury releases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Equine Act invalidates preinjury releases for ordinary negligence | Penunuri argues §202 bars releases for ordinary negligence | Sundance contends releases remain available as defenses under §202 | Equine Act does not invalidate preinjury releases for ordinary negligence |
| Whether public policy under the Equine Act invalidates preinjury releases | Penunuri argues the Act implies a public-policy bargain like the Skiing Act | Sundance argues no public-policy bargain is express; Rothstein not controlling | Preinjury waivers do not violate public policy under the Equine Act |
Key Cases Cited
- Rothstein v. Snowbird Corp., 175 P.3d 560 (Utah 2007) (public policy bargain under Skiing Act; preinjury release deemed unenforceable)
- Hawkins ex rel. Hawkins v. Peart, 37 P.3d 1062 (Utah 2001) (public policy considerations in parental releases)
- Berube v. Fashion Ctr., Ltd., 771 P.2d 1033 (Utah 1989) (public policy considerations in contract exculpation)
- Pearce v. Utah Athletic Found., 179 P.3d 760 (Utah 2008) (public-interest exception in exculpatory provisions)
- Marion Energy, Inc. v. KFJ Ranch P'ship, 267 P.3d 863 (Utah 2011) (public policy and contract interpretation in Utah)
- Ivory Homes, Ltd. v. Utah State Tax Comm'n, 266 P.3d 751 (Utah 2011) (statutory interpretation and public policy in contractual context)
- LKL Assocs., Inc. v. Farley, 94 P.3d 279 (Utah 2004) (contractual exculpation and public policy considerations)
- Penunuri v. Sundance Partners, Ltd., 257 P.3d 1049 (Utah 2011) (intermediate appellate decision cited for interpretation of Waiver)