The Utah Court of Appeals held:
(1) The district court did not abuse its discretion in entering adverse jury instruction as spoliation sanction.
(2) The district court did not abuse its discretion in excluding expert testimony as sanction under rule 37(b) of Utah Rules of Civil Procedure for improper termination of expert’s deposition.
(3) The district court did not abuse its discretion in allowing untimely summary judgment motion where basis for motion arose after deadline.
(4) The district court erred in granting summary judgment on negligent hiring, training, and supervision claim where relevant standard of care falls within the common knowledge and experience of lay persons.
(5) The district court erred in granting summary judgment on vicarious liability claim where expert testimony was not required to evaluate reasonableness of bouncer’s alleged trip of patron.