Herzog v. Vail Resorts
Herzog v. Vail Resorts, 2025 UT App 69 (Tenney, J.)
Civil
The Utah Court of Appeals held:
- The district court erred in granting Vail’s motion for judgment as a matter of law on Herzog’s respondeat superior claim because whether an employee acted in the scope of employment is a question of fact that should not be taken away from the jury.
- The district court did not abuse its discretion in denying Vail’s motion for a new trial based on excessive damages because it did not overcome what the court described as the “double-layer of deference” in damages awards.
- Practice tip: Appellate courts give significant deference to juries when it comes to questions of fact and damages awards.