Summary
The Utah Supreme Court held that a preinjury release signed by a firefighter participating in SWAT training was unenforceable because it did not clearly and unmistakably release negligence claims. The court also held that Utah's Governmental Immunity Act waives immunity for gross-negligence claims and for loss-of-consortium claims arising from injuries for which immunity is waived. The court reversed the grant of summary judgment to Weber County and remanded.
Topics
Practice areas
Questions Presented
- Whether the preinjury release clearly and unmistakably released Weber County from liability for its own negligence.
- Whether the Governmental Immunity Act of Utah waives governmental immunity for gross negligence claims when it waives immunity for injuries proximately caused by a negligent act or omission.
- Whether the Governmental Immunity Act of Utah waives governmental immunity for a loss of consortium claim arising from an injury for which immunity is waived.
Holdings
- The release was not clear and unmistakable regarding liability for the released parties' own negligence and was therefore unenforceable against Cunningham's negligence claim.
- The Governmental Immunity Act of Utah waives governmental immunity for gross negligence claims because gross negligence is a form of negligence, differing from ordinary negligence in degree rather than kind.
- The Governmental Immunity Act of Utah waives immunity for a loss of consortium claim when the claim arises from an injury caused by an act for which the Act waives immunity.
Key quotations
“such arrangements are unenforceable unless they are clear and unmistakable about both parties’ intentions.” (¶ 14)
“Taken together, these cases illustrate how a preinjury release must clearly and unmistakably inform a reasonable person who and what she is releasing to be enforceable.” (¶ 22)
“And when the Legislature waived immunity for negligent acts, it waived immunity for negligence in all of its forms.” (¶ 31)
“Simply put, the district court misinterpreted the GIA to conclude that it does not waive immunity for loss of consortium claims related to injuries for which immunity is waived.” (¶ 34)
Factual background
Brian Cunningham, a Layton City firefighter, attended SWAT training conducted by Weber County. Before participating, he was required to sign a release broadly discharging the Ogden Metro SWAT Team and related entities from claims arising from the training. During the training, instructors placed an explosive on a door latch and directed Cunningham to stand a few feet away; the explosion sent shrapnel into his face and neck. Cunningham and his wife sued Weber County for negligence, gross negligence, and loss of consortium.
Procedural history
The Cunninghams sued Weber County after Brian Cunningham was injured during SWAT training. The district court granted Weber County summary judgment, holding that a preinjury release barred the negligence claim and that the Governmental Immunity Act of Utah did not waive immunity for gross negligence or loss of consortium. The Utah Supreme Court reversed and remanded.
Remand instructions
Reverse the grant of summary judgment in favor of Weber County and remand for further proceedings. The district court may revisit the County's argument concerning whether Brian Cunningham's injuries were permanent and whether that affects the loss-of-consortium claim.