Salo v. TylerAnnotate this Case
The Supreme Court clarified the operated summary judgment standard under Utah R. Civ. P. 56 and affirmed the grant of summary judgment in this case under this standard.
In this appeal from the district court’s dismissal of Plaintiff’s claims for defamation and interference with economic relations on summary judgment, the Supreme Court held that the Utah summary judgment standard is in line with the federal standard as set forth in Celotex Corp. v. Catrett, 477 U.S. 317 (1986). As in Celotex, the moving party laws bears the burden of establishing the lack of a genuine issue of material fact, but the burden of production of evidence may fall on the nonmoving party. In the instant case, Defendants were entitled to summary judgment under the Utah Governmental Immunity Act, Utah Code 63G-7-101 through 63G-7-904, where Defendants acted within the scope of their employment and there was no evidence that their actions were willful. Further, the district court acted within its discretion in refusing to strike an affidavit submitted by one of the defendants in support of the motion for summary judgment filed by the remaining defendants.