Moss v. Pete Suazo Utah Athletic Com'n

2007 UT 99, 175 P.3d 1042, 593 Utah Adv. Rep. 33, 2007 Utah LEXIS 222, 2007 WL 4462172
CourtUtah Supreme Court
DecidedDecember 21, 2007
Docket20060438
StatusPublished
Cited by4 cases

This text of 2007 UT 99 (Moss v. Pete Suazo Utah Athletic Com'n) 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
Moss v. Pete Suazo Utah Athletic Com'n, 2007 UT 99, 175 P.3d 1042, 593 Utah Adv. Rep. 33, 2007 Utah LEXIS 222, 2007 WL 4462172 (Utah 2007).

Opinion

175 P.3d 1042 (2007)
2007 UT 99

Celeste MOSS, an heir of Bradley A. Rone, Plaintiff and Appellant,
v.
PETE SUAZO UTAH ATHLETIC COMMISSION, Utah Department of Commerce, and State of Utah, et al., Defendants and Appellees.

No. 20060438.

Supreme Court of Utah.

December 21, 2007.

*1043 Robert B. Sykes, Ryan B. Evershed, Salt Lake City, for plaintiff.

*1044 Mark L. Shurtleff, Att'y Gen., Debra J. Moore, Barry G. Lawrence, Sandra L. Steinvoort, Asst. Att'ys Gen., Salt Lake City, for defendants.

PARRISH, Justice:

INTRODUCTION

¶ 1 Bradley Rone died during a boxing match. His sister and heir, Celeste Moss, seeks to recover damages from the Pete Suazo Utah Athletic Commission (the "Athletic Commission") for allowing Rone to fight. The question before us is whether the Athletic Commission is immune from such a suit under the Utah Governmental Immunity Act (the "Act"), Utah Code Ann.. §§ 63-30-1 to 38 (1997) (repealed and replaced by the Governmental Immunity Act of Utah, id. §§ 63-30d-101 to -904 (2004 & Supp.2007)).[1] We conclude that it is. The Athletic Commission's failure to prevent Rone from boxing is a licensing decision that is immune from suit under Utah Code section 63-30-10(3) (1997). We further conclude that this statutory grant of immunity does not violate the open courts clause of the Utah Constitution.

BACKGROUND

¶ 2 Rone, a professional boxer, accepted a fight in Cedar City, Utah, in an attempt to raise sufficient funds to purchase an airline ticket to Ohio for the purpose of attending his mother's funeral. Tragically, Hone died in the ring from heart failure and was buried alongside his mother. Moss filed a lawsuit against the Athletic Commission, claiming that her brother's death was caused by the Athletic Commission's negligence in allowing the fight to proceed.[2]

¶ 3 In support of her negligence claim, Moss alleged that the Athletic Commission 'had violated a number of its own rules. First, the Pete Suazo Utah Athletic Commission Act Rules (the "Athletic Commission Rules") prohibit any boxer who has lost six consecutive fights from fighting until either

the boxing commission has reviewed the fights or the boxer has submitted to a medical examination. Utah Admin. Code r. XXX-XX-XXX(8) (2003). Moss alleged that the Athletic Commission failed to review Rone's fights or require that he submit to a medical examination even though he had lost twentysix consecutive fights.

¶ 4 The Athletic Commission Rules also prescribe procedures to be followed in cases where boxing contestants are knocked out or sustain damaging head blows. Specifically, they provide that in cases where a boxing contestant has lost by a technical knockout, the contestant cannot fight again "for a period of 30 calendar days or until the contestant has submitted to a medical examination." Id. r. XXX-XX-XXX(1). And in cases where a boxing contestant has been knocked out or received excessive hard blows to the head that rendered him defenseless or incapable of continuing, the Athletic Commission Rules provide that the contestant shall not be permitted to fight for a period of at least sixty days. Id. r. XXX-XX-XXX(6). Even then, the contestant cannot resume boxing unless a physician certifies that the contestant is fit to box following a neurological examination. Id. r. XXX-XX-XXX(7). Moss alleges that the Athletic Commission violated these rules by allowing Rone to fight without a neurological examination, despite the fact that he had lost a fight by a technical knockout less than two months before.

¶ 5 The Athletic Commission Rules also state that all boxing contestants must be examined by a physician not less than eight hours before a fight and that contestants who are unfit for competition may not compete. Id. r. XXX-XX-XXX. Moss alleges that Rone was not examined as required.

¶ 6 Finally, Moss points to Athletic Commission Rule 151-33-613(10), which prohibits a boxer from competing if he has been prohibited from boxing in any other state due to medical reasons. Moss alleges that Nevada *1045 had prohibited Rone from boxing for medical reasons but that the Athletic Commission nevertheless allowed the fight to go forward.

¶ 7 The Athletic Commission moved to dismiss Moss's lawsuit under rule 12(b)(6) of the Utah Rules of Civil Procedure, arguing that even if all of the allegations contained in the complaint were true, relief would be barred by the Utah Governmental Immunity Act. The district court concurred and granted the motion to dismiss. Moss appealed to this court. We now review the district court's ruling.

STANDARD OF REVIEW

¶ 8 In reviewing an order of dismissal entered pursuant to rule 12(b)(6), we "accept the material allegations in the complaint as true and interpret those facts and all reasonable inferences drawn therefrom in a light most favorable to the plaintiff as the non-moving party." Wagner v. State, 2005 UT 54, ¶ 9, 122 P.3d 599 (internal quotation marks and citation omitted). We review the grant of a rule 12(b)(6) motion for correctness, ceding no deference to the district court. Oakwood Vill. LLC v. Albertsons, Inc., 2004 UT 101, 119, 104 P.3d 1226.

ANALYSIS

¶ 9 The district court dismissed the complaint after holding that the Athletic Commission was immune from suit pursuant to Utah Code section 63-30-10(3) (1997). Moss argues that the holding was incorrect. In the alternative, Moss argues that if section 63-30-10(3) does shield the Athletic Commission from liability, it violates the, open courts clause of the Utah Constitution. Because we avoid constitutional claims if possible, Lyon v. Burton, 2000 UT 19, ¶ 10, 5 P.3d 616, we address the statutory arguments first and then address the constitutional claim.

I. STATUTORY ANALYSIS

¶ 10 Following the structure of the Utah Governmental Immunity Act, this court has established a three-step analysis to determine whether a government entity is immune from suit for a particular activity:

"First, was the activity the entity performed a governmental function and therefore immunized from suit by the general grant of immunity contained in section 63-30-3? Second, if the activity was a governmental function, has some other section of the Act waived that blanket immunity? Third, if the blanket immunity has been waived, does the Act also contain an exception to that waiver which results in a retention of immunity against the particular claim asserted in [the] case?"

Lyon v. Burton 2000 UT 19, ¶ 13, 5 P.3d 616 (citation omitted) (quoting Ledfors v. Emery County Sch. Dist., 849 P.2d 1162, 1164 (Utah 1993)).

¶ 11 We now apply this analysis to Moss's claims against the Athletic Commission. With respect to the first factor, there is no question that the activity of licensing boxers constitutes a governmental function as defined by Utah Code section 63-30-2(4)(a) (1997) and that such activity is therefore immunized from suit by the Act's general grant of immunity. Second, because we accept the material allegations of the complaint as true when reviewing a dismissal under rule 12(b)(6), there is no question that the allegedly negligent conduct of the Athletic Commission is subject to the general waiver of immunity for injury caused by the negligent act or omission of government employees. See id. § 63-30-10.

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Bluebook (online)
2007 UT 99, 175 P.3d 1042, 593 Utah Adv. Rep. 33, 2007 Utah LEXIS 222, 2007 WL 4462172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moss-v-pete-suazo-utah-athletic-comn-utah-2007.