January 3, 2014, Utah Court of Appeals Case Summaries

Candelaria v. CB Richard Ellis, 2014 UT App 1, No. 20120818-CA (Filed January 3, 2014)

ISSUES: Negligence, Negligent Infliction of Emotional Distress; Slip & Fall; Open & Obvious Danger

Judge Christiansen,

            In this case, Plaintiff slipped on a patch of ice that was allegedly covered by snow.  The District Court granted the defendants’ motion for summary judgment, ruling that the danger was open & obvious.  The Court of Appeals reverses, holding that there was a material question of fact concerning whether the ice was open and obvious.

            The Court affirms dismissal of Plaintiff’s claim of negligent infliction of emotional distress because there is no evidence of emotional distress “that resulted in illness or bodily harm,” a required element of the claim.  “Candelaria’s allegations would demonstrate that the defendants caused physical injury to her that resulted in emotional distress, and not the other way around.”  [A]ny emotional or psychological harm suffered by Candelaria as a result of her physical injuries is properly the subject of damages arising from her negligence claim, and not a separate claim for negligent infliction of emotional distress.”

Keller v. Martinez, 2014 UT App 2, No. 20121064-CA (Filed January 3, 2014)

Issue: Duty to yield to right of way at traffic intersections

Judge Roth,

            This case established that a party turning left through a green left turn arrow does not owe a duty to yield to cars illegally entering the intersection, including cars going straight.  The case does leave open the possibility of comparative negligence, if the party turning left does so without caustion.