Williams v. Bench

2008 UT App 306, 193 P.3d 640, 612 Utah Adv. Rep. 3, 2008 Utah App. LEXIS 297, 2008 WL 3863410
CourtCourt of Appeals of Utah
DecidedAugust 21, 2008
Docket20070029-CA
StatusPublished
Cited by12 cases

This text of 2008 UT App 306 (Williams v. Bench) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Bench, 2008 UT App 306, 193 P.3d 640, 612 Utah Adv. Rep. 3, 2008 Utah App. LEXIS 297, 2008 WL 3863410 (Utah Ct. App. 2008).

Opinion

OPINION

GREENWOOD, Presiding Judge:

11 Plaintiffs ShaRon and Lynn Williams appeal the district court's grant of Defendants' rule 12(b)(6) motion to dismiss. 1 *643 Plaintiffs claim that the trial court erred in (1) concluding that they had failed to state a claim upon which relief could be granted and (2) refusing to allow them to amend their complaint upon granting Defendants' motion to dismiss. Plaintiffs also contend that it was procedurally improper for the trial court to certify its dismissal of Defendants as a final order pursuant to rule 54(b) of the Utah Rules of Civil Procedure because the trial court failed to make appropriate factual findings supporting such a determination. We affirm.

BACKGROUND 2

2 On September 12, 2004, Stags Car Club (the Club)-a voluntary, unincorporated association-held a "steak fry" at George Whalen Park in Roy, Utah, for members and their invited guests 3 Mrs. Williams attended the steak fry with her husband, Lynn Williams. Shortly after arriving at the park, Mrs. Williams "lay down on the grass between two trees and fell asleep." Not long after, the secretary of the Club, Ralph S. Wiggins, climbed into his pickup truck "to drive to get a cooler for use by Defendant Stags Car Club in the course of [the steak fry] and for the benefit of its members, including Defendants." Upon driving away, Wiggins drove over and severely injured Mrs. Williams as she lay sleeping.

13 Plaintiffs originally filed suit against Wiggins, the Club, and John Does 1-100, alleging that the John Does were both directty and vicariously liable for Mrs. Williams's injuries due to their membership in the Club, their responsibilities related to hosting the steak fry, and their receipt of the privileges and benefits of Club membership. Upon stipulation, Plaintiffs filed an Amended Complaint naming the Club, Wiggins, and Defendants, all of whom are Club members.

T4 The Amended Complaint likewise alleged that Defendants were each individually liable for Mrs. Williams's injuries because they, as members of the Club and as persons responsible for the event, owed a duty "to exercise a reasonable lookout and reasonable care for persons present at and participating in the event, including without limitation a duty to observe the movement of vehicles at the event and to warn persons of the presence of moving motor vehicles." In addition, the Amended Complaint alleged that Defendants were "vicariously liable for the negligent acts of [Wiggins] ... [bly virtue of their status as members of [the Club] ... and as recipients of the privileges and benefits of membership [in the Club]."

15 Several of the named defendants moved to dismiss the Amended Complaint for failure to state a claim upon which relief could be granted. See Utah R. Civ. P. 12(b)(6). Although defendant Jimmie Germ-er had earlier filed and briefed a motion for summary judgment, all of the named defendants-except Wiggins and the Club-ultimately joined in the motion to dismiss. After a hearing, the trial court granted the motion. On November 30, 2006, the trial court signed an order (the Order) dismissing Defendants pursuant to rule 12(b)(6) and cer *644 tifying the dismissal as final pursuant to rule 54(b) of the Utah Rules of Civil Procedure. See id. R. 54(b). After the Order was issued, Defendants filed proposed findings of fact and rationale for the trial court's consideration. Plaintiffs filed a notice of objection to the proposed findings and rationale, but then filed this appeal prior to the trial court having ruled on the objection. The trial court subsequently issued Findings and Rationale for Certifying Order Dismissing Individual Defendants as Final Per Rule 54(b). Plaintiffs appeal.

ISSUES AND STANDARDS OF REVIEW

T6 Plaintiffs raise three claims on appeal. 4 First, Plaintiffs argue that the trial court erroneously dismissed their complaint for failing to state a claim upon which relief could be granted. The grant of a motion to dismiss pursuant to rule 12(b)(6) is a question of law that we review for correctness, affording the trial court's decision no deference. See Anderson Dev. Co. v. Tobias, 2005 UT 86, 158, 116 P.3d 323 (citing St. Benedict's Dev. Co. v. St. Benedict's Hosp., 811 P.2d 194, 196 (Utah 1991)).

T7 Second, Plaintiffs contend that the trial court erred in failing to grant them leave to amend their complaint. "We will not disturb a trial court's ruling on a motion to amend a complaint absent a clear abuse of discretion." Neztsosie v. Meyer, 883 P.2d 920, 922 (Utah 1994). A trial court will be deemed to have abused its discretion where " 'the decision exceeds the limits of reasona-bility'" Id. (additional internal quotation marks omitted) (quoting Crossland Sav. v. Hatch, 877 P.2d 1241, 1243 (Utah 1994)).

18 Finally, Plaintiffs claim that the trial court erred in certifying the Order as a final, appealable order pursuant to rule 54(b). The propriety of a trial court's determination that an order is amenable to rule 54(b) certification is a question of law that we review for correctness. See Kennecott Corp. v. Utah State Tax Comm'n, 814 P.2d 1099, 1100 (Utah 1991). The related question of whether there is no just reason for delay is reviewed for an abuse of discretion. Cf. Pate v. Marathon Steel Co., 692 P.2d 765, 767 (Utah 1984). We address the certification argument first because it has jurisdictional implications. See Utah R.App. P. 3(a);, Bradbury v. Valencia, 2000 UT 50, 19, 5 P.3d 649 (noting that an appeal is generally improper unless taken from a final judgment or order).

ANALYSIS

I. Rule 54(b) Certification

T9 Plaintiffs argue that the trial court erred in certifying its dismissal of Defendants as a final, appealable order pursuant to rule 54(b) because the trial court did not enter findings supporting its certification until after the notice of appeal was filed. Plaintiffs do not, however, present any fully developed arguments that certification was substantively improper. As a result, we do not engage in an in-depth analysis of the substantive propriety of certification. See e.g., Vailcarce v. Fitzgerald, 961 P.2d 305, 313 (Utah 1998) (stating that appellate courts will generally not address an argument that is inadequately briefed); see also Dimick v. OHC Iiquidation Trust, 2007 UT App 73, ¶5 n. 4, 157 P.3d 347 (stating that court would not address claim of error regarding a 54(b) certification when claim was withdrawn at oral argument).

T10 After the trial court entered the Order, Defendants submitted Proposed Findings and Rationale for Certifying Order Dismissing Individual Defendants as Final Per Rule 54(b).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

North Park Holdings v. Duke Rental
2025 UT App 42 (Court of Appeals of Utah, 2025)
Val Peterson v. Tennant Metals
2023 UT App 115 (Court of Appeals of Utah, 2023)
Lewis v. US Bank
2020 UT App 55 (Court of Appeals of Utah, 2020)
O'Hearon v. Hansen
2017 UT App 214 (Court of Appeals of Utah, 2017)
Fadel v. Deseret First Credit Union
2017 UT App 165 (Court of Appeals of Utah, 2017)
Evans v. Huber
2016 UT App 17 (Court of Appeals of Utah, 2016)
Wamsley v. State
2014 UT App 254 (Court of Appeals of Utah, 2014)
Lilley v. JP Morgan Chase
2013 UT App 285 (Court of Appeals of Utah, 2013)
Snow v. Chartway Federal Credit Union
2013 UT App 175 (Court of Appeals of Utah, 2013)
Tomlinson v. NCR Corporation
2013 UT App 26 (Court of Appeals of Utah, 2013)
Miller v. State
2010 UT App 25 (Court of Appeals of Utah, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
2008 UT App 306, 193 P.3d 640, 612 Utah Adv. Rep. 3, 2008 Utah App. LEXIS 297, 2008 WL 3863410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-bench-utahctapp-2008.