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Sulzen v. Williams3/11/1999
(For Official Publication)
Third District, Salt Lake Department The Honorable Stephen L. Henriod
Plaintiffs Robert and Kathleen Sulzen, individually and on behalf of their grandson, Brandon Holton, over whom the Sulzens have legal guardianship, appeal the trial court's refusal to permit them to amend their complaint and dismissal of their wrongful death action. We reverse.
BACKGROUND
On July 25, 1994, Elizabeth Holton and her son, Brandon, accompanied Elizabeth's parents, the Sulzens, to the Hanging Rock Picnic area in American Fork Canyon. Also picnicking at Hanging Rock were Seth Jepson and Shaun Carstensen, who were both thirteen. Jepson and Carstensen crossed the American Fork River on a foot bridge east of the picnic area and hiked up a mountain slope to a vertical cliff high above the picnic area. Meanwhile, Elizabeth Holton was sitting on a rock in a stream beneath the cliff face. While hiking, Jepson and Carstensen dislodged a 20-25 pound rock. The rock struck Elizabeth on the head, killing her. Following Elizabeth's death, the Sulzens became Brandon Holton's legal guardians.
On June 28, 1996, the Sulzens, both individually and as Brandon's guardians, filed a complaint in Third District Court, alleging Jepson and Carstensen negligently caused Elizabeth's death. The complaint's caption listed the following individuals as defendants:
"ANITA WILLIAMS, mother and general guardian of SETH JEPSON; and, BARRY CARSTENSEN, father and general guardian of SHAUN CARSTENSEN."
Both Anita Williams and Barry Carstensen were served with the complaint and a summons in early July. On July 26, Williams filed a Rule 12(b)(6) motion to dismiss the complaint. The complaint, Williams argued, failed to allege negligence on her part or any special relationship that would impose upon her any duty of care to the plaintiffs.
In response, the Sulzens conceded Williams was not herself liable, but argued that the body of the complaint correctly identified Seth Jepson as the negligent party and that Utah Rule of Civil Procedure 17(b) requires that minors be sued through their guardian--in this instance, Williams. Alternatively, the Sulzens moved the trial court for leave to amend the complaint's caption to specifically identify Seth Jepson and Shaun Carstensen as the real defendants. Williams countered that the trial court should dismiss the complaint and deny the Sulzens' motion to amend because they had neither stated an actionable claim against her, nor properly served Seth Jepson. On September 25, the trial court granted Williams's motion to dismiss. The complaint, the court ruled, failed to allege any special circumstances or relationship that imposed a duty on Williams, toward the plaintiffs, for the conduct of her minor son. Moreover, the court ruled, Seth Jepson was neither named as a party nor served with process. Consequently, the court dismissed the complaint against Williams without prejudice. In turn, Barry Carstensen filed a motion to dismiss, incorporating Williams's arguments by reference.
Meanwhile, the Sulzens filed a motion to amend their complaint, arguing Rule 15 of the Utah Rules of Civil Procedure permitted them to cure their mistaken caption by amendment. The Sulzens also argued that granting their motion to amend would nullify Barry Carstensen's motion to dismiss. Barry Carstensen countered that the Sulzens' proposed amended complaint introduced no new material facts and was an attempt to circumvent the statute of limitations for filing a claim against Shaun Carstensen.
On December 30, 1996, the trial court denied the Sulzens' motion to amend their complaint
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