Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Brown v. Williams

Court of Appeals of Utah

February 16, 2017

Marjorie Ann Brown, Appellant,
v.
Lennie Williams, Appellee.

         Second District Court, Ogden Department The Honorable Ernest W. Jones No. 130906495

          J. Bradford DeBry and Zachary E. Lambert, Attorneys for Appellant

          Richard K. Glauser and David E. Brown, Attorneys for Appellee

          Judge Kate A. Toomey authored this Opinion, in which Judges Stephen L. Roth and David N. Mortensen concurred.

          OPINION

          TOOMEY, Judge:

         ¶1 This case involves an auto-pedestrian accident. Marjorie Ann Brown appeals the district court's order granting summary judgment in favor of the defendant, Lennie Williams. Brown argues the court inappropriately applied workers' compensation law in a negligence suit. She also argues summary judgment should have been denied because there is a genuine dispute as to a material fact. We affirm.

         BACKGROUND

         ¶2 In January 2012, Brown was injured in an auto-pedestrian accident while she was on her way to work for the Internal Revenue Service in its Ogden, Utah office. The IRS building site includes an employee-designated parking lot. For security purposes, a fence surrounds both the building and the parking lot. There is only one access point into the facility, which is controlled by third-party security personnel. To enter the facility, employees are required to show their IRS employee badges.

         ¶3 On the morning of the accident, after passing through security and parking her vehicle, Brown was walking through the parking lot toward the building when she was struck by a vehicle driven by Alice Nelson, [1] another IRS employee.

         ¶4 After her federal workers' compensation claim was denied, [2] Brown filed a third-party negligence suit against Williams. Williams moved for summary judgment, arguing that because the accident occurred on IRS premises, workers' compensation law precluded the negligence suit under the exclusive remedy provision of the Utah Workers' Compensation Act (the Act).[3] Brown opposed summary judgment, arguing the Act did not apply and that the accident did not occur on IRS premises. Brown arrived at this conclusion because the IRS does not own the building or parking lot, and a private entity is responsible for the security of the premises. The district court granted Williams's motion for summary judgment, concluding Brown was entitled to workers' compensation, because under recent case law, an employer's parking lot is considered a part of its premises; therefore, workers' compensation was Brown's exclusive remedy. Accordingly, the court dismissed Brown's claim with prejudice. Brown appeals.

         ISSUES AND STANDARD OF REVIEW

         ¶5 Brown raises two issues on appeal. First, she contends the district court should have applied the "course of employment" rules under tort law, rather than workers' compensation law, to determine whether Brown and Williams acted within the course of their employment at the time of the accident. "Whether the district court applied the correct legal standard is a question of law, which we review for correctness." Bad Ass Coffee Co. of Haw. v. Royal Aloha Int'l, LLC, 2015 UT App 303, ¶ 6, 365 P.3d 161.

         ¶6 Second, Brown contends summary judgment was inappropriate because there is a genuine issue of material fact. Summary judgment is proper where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Utah R. Civ. P. 56(c) (2015).[4] "In cases where the facts are in dispute, summary judgment is only granted when, viewing the facts in a light most favorable to the party opposing summary judgment, the moving party is entitled to judgment." Clover v. Snowbird Ski Resort, 808 P.2d 1037, 1039 (Utah 1991). "The determination of whether ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.