Glaittli v. State of Utah

Associate Chief Justice NEHRING,

opinion of the Court:

INTRODUCTION

T1 This case requires us to once again define the contours of the "natural condition" exception to the waiver provision of the Governmental Immunity Act of Utah.

T2 Appellant Todd Glaittli sued the State of Utah for injuries he suffered when his boat "heaved" and struck him, shattering his shoulder. Mr. Glaittli claimed his injuries were due to the negligent adjustment of a floating dock at Jordanelle Reservoir, where he kept his boat. The State claimed governmental immunity and moved to dismiss the claim under rule 12(b)(8) of…