Rosser v. Elite Craft Homes
Rosser v. Elite Craft Homes, 2026 UT App 16 (Oliver, J.)
Tort Law
The Utah Court of Appeals held:
- As to the grant of summary judgment on the negligence claim, the district court erred in finding that Elite Craft Homes owed no duty of care.
- As to the grant of summary judgment on the negligent infliction of emotional distress claim, the district court failed to make a determination as to whether the factual disputes were genuine and material.
- The district court did not err in dismissing Rosser and Kilburn’s trespass claim because Utah law does not recognize a negligent trespass claim.
- Practice tip: Utah does not recognize a negligent trespass claim.
- Practice tip: In a concurring opinion, Judge Harris suggests that parties in relevant future cases, where appropriate, ought to ask for adoption of the duty set forth in Section 54 of the Restatement (Third) of Torts: Liability for Physical and Emotional Harm, so that courts may, after full briefing, consider the question.