The Appellate Group

Tidwell v. Jensen

Tidwell v. Jensen, 2026 UT App 13 (Luthy, J.)

Civil

The Utah Court of Appeals held:

  • The district court erred in dismissing Tidwell’s claims against Jensen as a matter of law. 
  • The district court erred by interpreting the Utah Consumer Sales Practices Act (USPCA) as requiring Tidwell to prove that Jensen intended or knew the representation to be false. 
  • Tidwell produced evidence in support of his fraud, negligent misrepresentation, and USPCA claims.  
  • Practice tip: For parties to successfully disclaim tort damages generally via a contract, the language of the contract must clearly and unequivocally state that disclaimer. 

Read the full court opinion