Thayer v. Washington County School District
285 P.3d 1142
Utah2012Background
- In fall 2008, Desert Hills High School staged Oklahoma! with Tucker Thayer as a stage technician who helped with sound effects.
- The school policy and state law prohibited possession of a firearm on school grounds, yet a real gun with blanks was considered for the production.
- School Resource Officer Richan authorized use of the gun on school property under three conditions: adult transport, locked containment when not in use, and adult handling.
- Vice Principal Goulding was informed of Richan's approval and authorized the gun's presence under the same conditions.
- On November 15, 2008, Tucker, without adult supervision, handled the weapon; it discharged near his head, and skull fragments caused his death.
- Thayers sued the district for negligence and wrongful death; the district claimed immunity under Utah’s Governmental Immunity Act and the Licensing Exception, and the federal court certified the question to the Utah Supreme Court; the court held the Licensing Exception does not apply to the district’s conduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Licensing Exception applies to the district’s conduct | Thayers argue the approvals triggered immunity | District argues approvals fall under Licensing Exception | Licensing Exception does not apply |
| Whether Richan's and Goulding's approvals constitute an official authorization | Arguments that approvals are formal authorizations | Approvals are informal or internal | Not formal regulatory authorizations; not within Licensing Exception |
| Whether the Licensing Exception should be read to broaden or narrow its scope | Broad interpretation covers internal approvals | Text favors formal regulatory authorizations | Majority adopts formal-action interpretation; dissent would broaden |
Key Cases Cited
- Moss v. Pete Suazo Utah Athletic Commission, 2007 UT 99 (Utah Supreme Court 2007) (licensing decisions focus on function, not form)
- Gillman v. Department of Financial Institutions, 782 P.2d 506 (Utah 1989) (licensing authority to regulate financial institutions retained immunity)
- Harper v. Summit County, 2001 UT 10 (Utah Supreme Court 2001) (informal certificate/approval can be effective)
- Taylor ex rel. Taylor v. Ogden City School Dist., 927 P.2d 159 (Utah 1996) (arises out of standard for governmental immunity and negligence interplay)
- Ledfors v. Emery County School District, 849 P.2d 1162 (Utah 1993) (negligence and immunity interplay when injuries arise from assaults)