Cunningham v. Weber County
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The Supreme Court reversed the decision of the district court granting summary judgment in favor of Weber County and dismissing the claims brought by Brian and Mariah Cunningham against the County, a Special Weapons and Tactics training provider, holding that the district court erred across the board.
Brian was attending a training when can explosive set on a door latch detonated and caused severe injuries to Brian's face and neck. Brian and Mariah sued the County, alleging negligence and gross negligence. The district court granted the County's motion for summary judgment. The Supreme Court reversed and remanded the action, holding (1) the preinjury release Brian signed was unenforceable because it was neither clear nor unmistakable; and (2) the Governmental Immunity Act of Utah waives immunity for gross negligence claims and loss of consortium claims that arise out of an injury for which immunity has been waived.
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