Penunuri v. Sundance Partners

In August 2007, Lisa Penunuri was injured when she fell off her horse during a guided horseback trail ride at Sundance Resort. She and her husband sued for negligence and gross negligence against Rocky Mountain Outfitters, L.C. (the company that provided the trail guide services) as well as various defendants associated with the resort (collectively, Sundance). In 2013, the Utah Supreme Court affirmed the dismissal of Ms. Penunuri’s ordinary negligence claims, leaving only her claims for gross negligence. The district court granted summary judgment in favor of Sundance on the gross negligence claims and awarded Sundance its costs, including certain deposition costs. Penunuri appealed, and the appellate court affirmed. The Supreme Court granted certiorari on three questions: (1) whether the court of appeals erred in concluding that summary judgment may be granted on a gross negligence claim even though the standard of care is not "fixed by law;" (2) whether the court of appeals erred in affirming the district court’s conclusion that reasonable minds could only conclude there was no gross negligence under the circumstances of this case; and (3) whether the court of appeals erred in affirming the district court’s award of deposition costs to Sundance. Finding no reversible error on any of those claims, the Supreme Court affirmed the court of appeals on each issue. View "Penunuri v. Sundance Partners" on Justia Law