Justia Injury Law Opinion Summaries

The underlying dispute in this appeal revolved around the issue of who was contractually obligated to pay workers' compensation benefits to an employee of Employer. The Supreme Court found that Employer's Insurer was required to pay workers' compensation benefits for all of Employer's employees and remanded the case. The district court entered a final judgment. Instead of filing a notice of appeal within thirty days of the district court's judgment, Insurer filed an "objection to judgment." Insurer then filed its notice of appeal within thirty days of the district court's order disposing of that motion. The Supreme Court dismissed the appeal, holding that it lacked jurisdiction to address the appeal as (1) Insurer did not file its notice of appeal within thirty days of the district court's final judgment, and (2) Insurer failed to file a postjudgment motion that would toll the time for appeal or one that the Court had jurisdiction to review.

Andrew Allen filed a complaint against Melissa Moyer in small claims court for property damage arising out of an automobile accident. The small claims court awarded Allen a judgment for the damage to his car. After Moyer paid the judgment amount, Allen filed a separate action against Moyer in the district court for personal injuries arising out of the accident. The district court granted summary judgment in favor of Moyer, concluding that Allen's claim was barred by the doctrine of claim preclusion. At issue on appeal was whether claim preclusion is applicable to small claims judgments. The Supreme Court affirmed, holding that the doctrine of claim preclusion applies to small claims judgments because application of the doctrine will promote finality, judicial economy, and consistent judgments.

Sanpete America purchased 110 acres of farmland and water rights from Christian Willardsen pursuant to a land purchase agreement and a warranty deed. After discovering problems with respect to the conveyance of the water right at issue, Sanpete America filed a complaint against Willardsen and Douglas Neeley, Willardsen's attorney, asserting various causes of action and seeking damages. Two successive district court judges issued judgments dismissing Sanpete America's claims against Willardsen and Neeley. On appeal, the Supreme Court affirmed both judges' conclusion that Sanpete America was entitled to no damages and judgment dismissing Sanpete America's claims, holding (1) Willardsen conveyed his portion of the water right to Sanpete America under a warranty deed, (2) Willardsen breached no covenants in the deed, and (3) Neeley's actions were not the cause of Sanpete America's alleged damages.

Carter and Glenada Iverson were killed in a head-on collision with an underinsured motorist while driving a vehicle covered by their policy with State Farm. The personal representative of the Iversons' estate requested that State Farm provide underinsured motorist (UIM) coverage in an amount equal to the liability policy limits of $100,000. State Farm offered $20,000, the limit under the Iversons' policy for the UIM claims. Iverson sued State Farm in district court. The Supreme Court granted certification to answer whether an insurer may provide lower limits for underinsured motorist coverage than for liability coverage under Utah law. The Court concluded that (1) such coverage may comply with Utah law if the insurer follows the consumer notification requirements contained in the Utah Code; (2) because notification requirements differ depending on when the insured's policy was issued, a court must first determine whether a new policy existed on or after January 1, 2001; and (3) a new policy exists on or after this date when the insurer and the insured enter into a new contractual relationship or if changes are made to the terms of an existing insurance contract that materially alter the levels of risk contained in the contract.

Appellees Mark and Marilyn Hesse purchased an undeveloped subdivision of land owned by Canberra Development Company (CDC) in February 2004. Appellees constructed their home on the lot. After moving into their new home, Appellees noticed several structural problems including the presence of large cracks in the floor. Appellees later learned that these problems were caused by unstable soil beneath the foundation of their home. Subsequently, Appellees discovered that CDC had failed to inform them of soil analysis assessment reports which had been ordered seven years prior to the selling of their lot. These test reports indicated the presence of expansive and collapsible soils most notably in the Appelleesâ back yard. Appellees filed suit against CDC seeking compensatory and punitive damages for fraudulent nondisclosure and misrepresentation. After a jury trial, Appellees were awarded over $3 million in economic damages including pain and suffering. No punitive damages were awarded. After the trial, CDC filed several post-verdict motions including a motion for judgment notwithstanding the verdict. The District Court ultimately denied these motions. The Supreme Court held that the jury had sufficient evidence to conclude CDC was liable to Appellees for fraudulent nondisclosure and misrepresentation. The Supreme Court found later, however, that the district court had erred in denying CDCâs motion for a new trial to assess damages. As a result, the Supreme Court reduced Appelleesâ economic damages award.