Legal Opinion · Concurring in part, dissenting in part
Cope v. Utah Valley State College
Court of Appeals of Utah
Decided November 8, 2012No. 20110147-CAPublished
1Concurring in part, dissenting in partDavis, Judge
¶ 30 I concur with the majority as to part I but reject both the majority's analysis and its conclusion with respect to part II. I believe that the rule articulated by the majority concerning the existence of a special relationship between university students and their instructors significantly broadens the duty of governmental actors in this setting and is inconsistent with the supreme court's holding in Webb v. University of Utah, 2005 UT 80, 125 P.3d 906.
¶ 31 In Webb, the supreme court gave specific guidance as to when a special relationship arises between university students and their…
2Cases cited8 opinions
- Bailey v. BaylesUtah Supreme Court · 2002
- Beach v. University of UtahUtah Supreme Court · 1986
- B.R. v. WestUtah Supreme Court · 2012
- Normandeau v. Hanson Equipment, Inc.Utah Supreme Court · 2009
- Day v. State Ex Rel. Utah Department of Public SafetyUtah Supreme Court · 1999
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