Glaittli v. State of Utah

2014 UT 30, 332 P.3d 953, 2014 WL 3408846
CourtUtah Supreme Court
DecidedJuly 15, 2014
Docket20130119
StatusPublished
Cited by4 cases

This text of 2014 UT 30 (Glaittli v. State of Utah) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glaittli v. State of Utah, 2014 UT 30, 332 P.3d 953, 2014 WL 3408846 (Utah 2014).

Opinions

Associate Chief Justice NEHRING,

opinion of the Court:

INTRODUCTION

T1 This case requires us to once again define the contours of the "natural condition" exception to the waiver provision of the Governmental Immunity Act of Utah.

T2 Appellant Todd Glaittli sued the State of Utah for injuries he suffered when his boat "heaved" and struck him, shattering his shoulder. Mr. Glaittli claimed his injuries were due to the negligent adjustment of a floating dock at Jordanelle Reservoir, where he kept his boat. The State claimed governmental immunity and moved to dismiss the claim under rule 12(b)(8) of the Utah Rules of Civil Procedure. The district court granted the motion, concluding that Mr. Glaittlf's injuries fell within the "natural condition" exception to the waiver of immunity. The court of appeals affirmed. We reverse and hold that a reservoir is not a natural condition on the land under the Utah Governmental Immunity Act, Utah Code section 68G-T-~ 301(5)(k).

BACKGROUND

13 Todd laittli was the owner of a twenty-five foot cabin cruiser boat that he docked in the marina at Jordanelle Reservoir.1 The marina, docks, boat slips, and reservoir are owned by the State of Utah and operated by the Utah Division of Parks & Recreation and Jordanelle State Park. Mr. CGlaittli's boat was tethered to a boat slip on a floating dock, which was connected to the shore by eight cables. Using a hand-operated winch, state employees could lengthen or shorten the dock cables as needed. The length of the cables was important. Because the dock was floating, its position could be altered by the water level of the reservoir, wind, or other forces that disturbed the water surface. Failure to properly adjust the cables risked allowing the boats to "strike the dock or other boats, especially during periods of wave action." Although the Jor-danelle Reservoir master plan recommended the creation of a breakwater to protect the docks from waves, no breakwater was ever built.

T4 In early June 2008, the water levels of Jordanelle Reservoir were rising at a rate of approximately one foot per day, requiring "frequent, if not daily, adjustment of the cable tether length" of the docks. On June 10, 2008, a storm hit the area and "created large waves on the reservoir." Mr. Glaittli believed the "wave action" created by the storm was "significant enough to warrant personal attention to his boat." When Mr. Glaittli arrived at the marina,

he saw large waves, causing his large boat to heave to a degree that he feared his boat would strike the dock or other boats. [He] walked out onto the dock, to lengthen the lines on his boat, to allow it to ride the waves more freely .... The lines were so taut that he was unable to loosen them. While [Mr. Claittli] was standing on the dock, he was struck by the bow of his boat, shattering his upper arm and shoulder, causing him to fall to the dock, [resulting in injuries to] his shoulder, arm and other parts of his body.

15 Mr. Claittli attributes his injuries to the State's failure to: "adjust the dock level with the water levels;" "warn [him] of an unsafe condition at the docks;" "properly secure the docks;" and finally, to "construct a breakwater" for the marina.

T 6 The State claimed governmental immunity and moved to dismiss Mr. Glaittli's complaint. The parties agreed that the activity was a government function, and the State conceded for the purposes of the motion to dismiss that Mr. Glaittli's injury was "proxi[955]*955mately caused by a negligent act or omission of an employee committed within the seope of employment"-meaning that governmental immunity would be generally waived.2 The district court thus evaluated only whether there was an exception to the general waiver rule that would allow the State to retain its immunity. Proceeding under Utah Code seetion 63G-7-301(5)(k), the district court found that the waves were a "natural condition" that caused Mr. Glaittli's injury, and thus the State retained its immunity. The district court then dismissed Mr. Glaittli's complaint for failure to state a claim upon which relief could be granted. The Utah Court of Appeals affirmed, finding that the water and waves in the reservoir were a natural condition and that Mr. Glaittli's injuries "arose out of, were connected with, or resulted from" that natural condition.3

ISSUES AND STANDARD OF REVIEW

17 The single question on certiorari presents two distinct issues: (1) whether a reservoir is a "natural condition" under Utah Code section 63G-7-301(5)(k) and (2) # it is, whether Mr. Glaittli's injuries "ar[ose] out of, in connection with, or resulted] from" that natural condition.4 Because we hold that the reservoir is not a natural condition, the see-ond issue is irrelevant and we do not address it. We instead remand for further proceedings consistent with this opinion, including a determination of negligence under the negli-genee waiver provision.

{8 "When reviewing a court of appeals decision affirming a grant of a rule 12b)(6) motion to dismiss, we review the decisions of the court of appeals rather than that of the trial court ... for correctness." 5 Moreover, "determining the scope of an exception to the waiver of governmental immunity is a question of statutory interpretation that we also review for correctness." 6

ANALYSIS

T9 Whether a reservoir is a "natural condition on [the] land[ ]" under section 68G-7-301(5)(k) of the Governmental Immunity Act of Utah is an issue of first impression in this court. The court of appeals held that the natural condition exeeption applied because it reasoned that the waves caused Mr. Glaittli's injury, waves are made of water, and the "basic nature" of water is that it is a natural condition.7 The court of appeals held that the presence of a dam did not "change the basic nature of the water itself" because the water had "simply expanded onto a greater area" (i.e., into the reservoir).8

" 10 In interpreting the term "natural condition" we cannot focus our inquiry too "broadly," for if we were to do so, the statute's natural condition exeeption would largely "swallow the Act's waiver of immunity for negligence."9 This is because, as we noted in Grappendorf, "[clonsidered broadly, natural conditions include laws of physics, such as gravity, that necessarily contribute to any [956]*956accident or occurrence." 10 Moreover, as we noted in Francis v. State, "we must exercise caution when interpreting an inexact term" (like "natural") because "its meaning could be stretched to include almost anything." 11 The court of appeals reached its conclusion by focusing on whether the wave and the water it was made of were a "natural condition." This was error.12

111 In Blackner v. State, an avalanche fell onto a road, injuring the plaintiff.13 We held that the avalanche was a natural condition.14 The instant case is distinguishable because a road is separate and distinct from an avalanche in a way that waves are not separate and distinet from the body of water on which they occur. The waves and the body of water are "so closely related" that they "cannot be encountered independently." 15

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2014 UT 30, 332 P.3d 953, 2014 WL 3408846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glaittli-v-state-of-utah-utah-2014.