The Appellate Group

Maldonado-Velasquez v. Ron J. Peterson Constr., Inc.

Maldonado-Velasquez v. Ron J. Peterson Constr., Inc., 2026 UT 8 (Nielsen, J.)

Civil Procedure/Tort Law

The Utah Supreme Court held:

(1) The district court erred when it ruled that Defendant owed no duty to improve trailer beyond minimum federal requirements.
(2) The district court abused its discretion by excluding expert testimony related to duty.

Practice tip:

When an applicable, broad duty exists in statute or common law, courts should not use the factors outlined in B.R. ex rel. Jeffs v. West, 2012 UT 11, 275 P.3d 228; instead, courts should use those factors only to determine whether the law should recognize a new duty.

Read the full court opinion

by The Appellate Group

2026, Civil, Court of Appeals, Q2

15