Porter v. EB Golf LLC
372 P.3d 709
Utah Ct. App.2016Background
- Porter owned land and a house adjacent to EB Golf’s Eagle Lake Golf Course and sued EB Golf in 2007 for flooding (negligence, nuisance, trespass), claiming his house was likely unsalvageable. The 2007 case was dismissed with prejudice in 2012 for failure to prosecute.
- Porter filed a new, substantively identical lawsuit in July 2013, asserting damages from recurring flooding occurring after July 10, 2007.
- EB Golf moved to dismiss, arguing res judicata and statute-of-limitations defenses; the court converted the motion to one for summary judgment and considered outside materials.
- The district court granted summary judgment for EB Golf, concluding Porter could not establish new damages as a matter of law and there was no genuine issue of material fact.
- On appeal Porter challenged the grant of summary judgment; the appellate court focused on whether Porter had identified specific facts showing provable damages after the 2007 suit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Porter can prove new damages arising after his 2007 suit | Porter: the flooding recurred after 2007 and caused additional damage; his verified statements and conflicting testimony create an issue of fact | EB Golf: plaintiff effectively admitted prior damages and submitted no specific evidence of value or new damages after 2007 | Held: Porter failed to identify specific admissible facts showing new provable damages; summary judgment affirmed |
| Whether district court’s summary judgment was proper without transcript or detailed reasoning | Porter: appellate review should consider disputed facts and his verified statements | EB Golf: district court record (pleadings, memoranda) supported finding no genuine issue of material fact | Held: absence of transcript and Porter’s failure to point to specific evidence forecloses review of any asserted analytic error; court defers to district court’s judgment |
Key Cases Cited
- Orvis v. Johnson, 177 P.3d 600 (Utah 2008) (summary judgment burden-shifting where nonmoving party bears the trial burden)
- Waddoups v. Amalgamated Sugar Co., 54 P.3d 1054 (Utah 2002) (nonmoving party must submit more than conclusory assertions to create a genuine issue)
- Salt Lake County v. Butler, Crockett & Walsh Dev. Corp., 297 P.3d 38 (Utah Ct. App. 2013) (appellate refusal to reverse where trial court relied on independent alternative grounds not challenged on appeal)