Gilger v. Hernandez

ZIMMERMAN, Justice:

¶ 1 Plaintiffs Brandon Gilger and Robert Montoya appeal the trial court’s order dismissing their complaint for failure to state a claim upon which relief may be granted. In their complaint, Gilger and Montoya alleged that Melissa Hernandez, the defendant, was negligent “per se” for serving alcohol to minors, including Jason Martinez, in violation of Utah Code Ann. § 32A-12-203. They also allege that as a direct consequence of Hernandez’s negligence, Martinez injured both plaintiffs. Gilger and Montoya further allege that defendant Hernandez had a “special relationship” with…