Glaittli v. State
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Plaintiff was the owner of a boat that he docked in the marina at Jordanelle Reservoir. One day in 2008, Plaintiff walked out onto the floating dock and was injured when his boat “heaved” and struck him, shattering his shoulder. Plaintiff sued the State, which owns the marina, docks, boat slips, and reservoir, alleging that his injuries were due to the negligent adjustment of the dock. The State moved to dismiss the complaint on the basis of governmental immunity. The district court granted the motion, concluding that Plaintiff’s injuries fell within the “natural condition” exception to the waiver of immunity. The court of appeals affirmed. The Supreme Court reversed, holding that because the Jordanelle Reservoir was designed and created by human activity, and because it would not exist but for that activity, the reservoir is not a natural condition on the land under the Utah Governmental Immunity Act. Remanded.
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