Rosser v. Elite Craft Homes, LLC

Summary

The Utah Court of Appeals held that landowners owe adjoining landowners and inhabitants a duty to exercise reasonable care when conducting construction activities. It reversed summary judgment on negligence, negligent infliction of emotional distress, and nuisance claims, while affirming summary judgment on the trespass claim because Utah does not recognize negligent trespass. The court remanded the negligent infliction of emotional distress claim for further consideration of disputed factual issues.

Holdings

1. Utah landowners owe adjoining landowners and inhabitants a duty to exercise reasonable care when engaging in construction activities on their property.
2. Summary judgment on the negligent infliction of emotional distress claim was improper because Elite owed a duty and the record contained disputed facts concerning whether the Residents were within the zone of danger and suffered the required emotional distress.
3. Utah does not recognize a separate cause of action for negligent trespass; negligent invasions of another's property are covered by general negligence principles.
4. The dismissal of the nuisance claim was reversed because the parties' stipulation made dismissal contingent on the absence of another valid cause of action, and the court reversed summary judgment on several other claims.

Questions Presented

1. Whether a landowner engaged in construction owes adjoining landowners and inhabitants a duty to exercise reasonable care.
2. Whether summary judgment was proper on the Residents' negligent infliction of emotional distress claim where the duty issue was resolved incorrectly and factual disputes remained concerning the zone of danger and emotional distress.
3. Whether Utah recognizes a cause of action for negligent trespass.
4. Whether the nuisance claim should remain dismissed after the court reversed summary judgment on several other claims.

Disposition

reversed_and_remanded