Torrie v. Weber County
309 P.3d 216
Utah2013Background
- Wayne Torrie, 16, took his family vehicle after an argument and was reported missing with potential suicidal intent.
- Cache County notified Weber County about Wayne’s location, vehicle description, and possible risk of self-harm, requesting apprehension if found.
- Deputy Denton Harper of Weber County located Wayne, pursued him at high speed after Wayne accelerated and did not stop.
- Wayne’s speeds reached up to 99 mph; during the pursuit he crossed double center lines and lost control, dying in a crash after exiting the road.
- Wayne’s parents sued Harper and Weber County for negligence, among other theories, claiming duty and breach in the pursuit.
- The district court granted summary judgment for defendants, ruling no duty owed to Wayne; the Torries appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the statute impose a duty to fleeing suspects? | Torries rely on 41-6a-212(6) to show a duty to fleeing suspect. | County/Deputy argue no duty to fleeing suspects under the statute. | Duty extends to fleeing suspects; summary judgment reversed and remanded. |
| Is there a separate duty on Weber County (policy/training)? | Weber County policy or training may create a duty of care. | No explicit separate duty shown; agency not sufficiently briefed. | Not decided; court affirms summary judgment as to Weber County and does not decide a common-law duty. |
Key Cases Cited
- Day v. State ex rel. Utah Department of Public Safety, 980 P.2d 1171 (Utah Supreme Court 1999) (pursuit duties and reasonable care in high-speed chases)
- Webb v. Univ. of Utah, 125 P.3d 906 (Utah Supreme Court 2005) (duty analyses and categorization in tort claims)
- Jeffs ex rel. B.R. v. West, 275 P.3d 228 (Utah Supreme Court 2012) (duty adduced as a categorical legal question vs. breach considerations)
- Richards v. Brown, 274 P.3d 911 (Utah Supreme Court 2012) (statutory duty interpretations in emergency vehicle operations)
- Willden v. Duchesne County, 217 P.3d 1143 (Utah Court of Appeals 2009) (utility of policy manuals in negligence analysis)