Donovan v. Sutton
Utah Supreme Court
498 P.3d 382 (2021)
- Written by Salina Kennedy, JD
Facts
Nine-year-old S.S. (defendant) and her father were skiing on a beginner slope in Park City, Utah. S.S., a novice skier, had taken a ski lesson a year before, but she was still fearful and cautious. S.S.’s father accompanied her down the run, skiing backward so that he could monitor and instruct her. The two were traveling at approximately five miles per hour when S.S. lost control of her skis, sped up, and passed her father. Stephanie Donovan (plaintiff) had stopped just ahead of S.S. to take a picture of her husband and daughter. S.S. shouted a warning, but Donovan did not have time to get out of the way. As a result, S.S. crashed into Donovan from behind, injuring Donovan’s arm and shoulder. Donovan sued S.S. for negligence. The trial court granted S.S.’s motion for summary judgment, reasoning that there was no evidence that S.S. had behaved negligently. The court of appeals affirmed, and the Utah Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Petersen, J.)
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