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Miller v. West Valley City 2017 UT App 65 (Apr. 13, 2017)

Apr 13, 2017

The court of appeals affirmed the dismissal of the appellants’ claims for premises liability and negligence arising from an accident in a West Valley City swimming pool, concluding that the appellant failed to sufficiently plead a waiver of immunity under the Governmental Immunity Act.  On the premises liability claim, the court concluded that governmental immunity is only waived for defective or dangerous conditions of a building, which does not extend to the conditions inside the building or conditions unrelated to the structure of the building, such as the condition alleged by the appellant (another teenager obstructing her swim lane).  The court concluded that the negligence claim was barred by the public duty doctrine, and that the appellant had not established the special relationship with West Valley City necessary to support her claim.