As used in this chapter:
"Arises out of or in connection with, or results from," when used to describe the relationship between conduct or a condition and an injury, means that:
there is some causal relationship between the conduct or condition and the injury;
the causal relationship is more than any causal connection but less than proximate cause; and
the causal relationship is sufficient to conclude that the injury originates with, flows from, or is incident to the conduct or condition.
"Claim" means any asserted demand for or cause of action for money or damages, whether arising under the common law, under state constitutional provisions, or under state statutes, against a governmental entity or against an employee in the employee's personal capacity.
"Emergency medical services" means the same as that term is defined in Section
53-2d-101.
"Employee" includes:
a governmental entity's officers, employees, servants, trustees, or commissioners;
a member of a governing body;
a member of a government entity board;
a member of a government entity commission;
members of an advisory body, officers, and employees of a Children's Justice Center created in accordance with Section
67-5b-102;
a student holding a license issued by the State Board of Education;
an educational aide;
a volunteer, as defined in Section
67-20-2; and
a tutor.
"Employee" includes all of the positions identified in Subsection (4)(a), whether or not the individual holding that position receives compensation.
"Employee" does not include an independent contractor.
"First responder" means the same as that term is defined in Section
34A-2-102.
"Governmental entity" means:
the state and its political subdivisions; and
a law enforcement agency, as defined in Section
53-1-102, that employs one or more law enforcement officers, as defined in Section
53-13-103.
"Governmental function" means each activity, undertaking, or operation of a governmental entity.
"Governmental function" includes each activity, undertaking, or operation performed by a department, agency, employee, agent, or officer of a governmental entity.
"Governmental function" includes a governmental entity's failure to act.
"Injury" means death, injury to a person, damage to or loss of property, or any other injury that a person may suffer to the person or estate, that would be actionable if inflicted by a private person or the private person's agent.
"Personal injury" means an injury of any kind other than property damage.
"Political subdivision" means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, an entity created by an interlocal agreement adopted under
Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation.
"Property damage" means injury to, or loss of, any right, title, estate, or interest in real or personal property.
"State" means the state of Utah, and includes each office, department, division, agency, authority, commission, board, institution, hospital, college, university, Children's Justice Center, or other instrumentality of the state.
"Willful misconduct" means the intentional doing of a wrongful act, or the wrongful failure to act, without just cause or excuse, where the actor is aware that the actor's conduct will probably result in injury.
Notes of Decisions
Mallory v. Brigham Young Univ., 2014 UT 27 (Utah 2014).
· cites it 21× “” UTAH CODE § 63G-7-102(2)(a)(i). 4 The Act defines a “claim” as “any asserted demand .”
GeoMetWatch Corp. v. Utah State Univ. Rsch. Found., 2018 UT 50 (Utah 2018).
· cites it 10× “§ 63G-7-102(10) (emphasis added). "Political subdivision" is defined as "any county, city, town, school district, community reinvestment agency, special improvement or taxing district, local district, special service district, an entity created by an interlocal agreement adopted…”
Pinder v. Duchesne, 2020 UT 68 (Utah 2020).
· cites it 6× “‖ UTAH CODE § 63G-7-102 (emphasis added). Here, the Pinders‘ causes of action for conversion, civil conspiracy, and negligence are claims under the UGIA because they are all ―cause[s] of action for money or damages‖ against governmental entities and employees.”
Mariani v. Driver License Div., 2024 UT 44 (Utah 2024).
· cites it 13× “§ 63G-7-102(1). The phrase means that “(a) there is some causal relationship between the conduct or condition and the injury; (b) the causal relationship is more than any causal connection but less than proximate cause; and (c) the causal relationship is sufficient to conclude…”
Nebeker v. Summit Cnty., 2014 UT App 244 (Utah Ct. App. 2014).
· cites it 12× “Code R37-4-2, -3(4); see also Utah Code Ann. § 63G-7-102 (LexisNexis 2011).”
Mallory v. Brigham Young Univ., 2012 UT App 242 (Utah Ct. App. 2012).
· cites it 11× “See Utah Code Ann. § 63G-7-102(2) (2011). For the convenience of the reader, when referring to the term as used in the GIAU, we use "Employee," and when referring to the common meaning of the term, we use "employee.”
GeoMetWatch v. Behunin, 38 F.4th 1183 (10th Cir. 2022).
“” Utah Code § 63G-7-102(4). Likewise, the term “state,” as defined by the statute, means “the state of Utah, and includes each office, department, division, agency, authority, commission, board, institution, hospital, college, university, Children’s Justice Center, or other…”
Salo v. Tyler, 2018 UT 7 (Utah 2018).
“§ 63G-7-102(11). Thus, willfulness requires a showing (1) that the government actor intentionally performed a wrongful act (2) with an awareness that injury will likely result.”
McKitrick v. Gibson, 2021 UT 48 (Utah 2021).
“§ 63G-7-102(8); see also id. §§ 63G-9-201(1)(a), -22- 102(1).”
Gressman v. State, 2013 UT 63 (Utah 2013).
“2009) (defining "personal injury" as "[aluy invasion of a personal right, including mental suffering and false imprisonment"); Ura Cope § 63G-7-102(6) (stating that "Personal Injury" for pur *1014 poses of Utah's Government Immunity Act "means an injury of any kind other than…”
— Utah Code § 63G-7-102(1) — 6 cases
Mariani v. Driver License Div., 2024 UT 44 (Utah 2024).
“§ 63G-7-102(1). The phrase means that “(a) there is some causal relationship between the conduct or condition and the injury; (b) the causal relationship is more than any causal connection but less than proximate cause; and (c) the causal relationship is sufficient to conclude…”
— Utah Code § 63G-7-102(1)(a) — 1 case
Mariani v. Driver License Div., 2024 UT 44 (Utah 2024).
“§ 63G-7-102(1). The phrase means that “(a) there is some causal relationship between the conduct or condition and the injury; (b) the causal relationship is more than any causal connection but less than proximate cause; and (c) the causal relationship is sufficient to conclude…”
— Utah Code § 63G-7-102(1)(c) — 2 cases
Mariani v. Driver License Div., 2024 UT 44 (Utah 2024).
“§ 63G-7-102(1). The phrase means that “(a) there is some causal relationship between the conduct or condition and the injury; (b) the causal relationship is more than any causal connection but less than proximate cause; and (c) the causal relationship is sufficient to conclude…”
— Utah Code § 63G-7-102(10) — 4 cases
GeoMetWatch Corp. v. Utah State Univ. Rsch. Found., 2018 UT 50 (Utah 2018).
“§ 63G-7-102(10) (emphasis added). "Political subdivision" is defined as "any county, city, town, school district, community reinvestment agency, special improvement or taxing district, local district, special service district, an entity created by an interlocal agreement adopted…”
— Utah Code § 63G-7-102(11) — 4 cases
Salo v. Tyler, 2018 UT 7 (Utah 2018).
“§ 63G-7-102(11). Thus, willfulness requires a showing (1) that the government actor intentionally performed a wrongful act (2) with an awareness that injury will likely result.”
— Utah Code § 63G-7-102(12) — 1 case
— Utah Code § 63G-7-102(2) — 6 cases
Pinder v. Duchesne, 2020 UT 68 (Utah 2020).
“‖ UTAH CODE § 63G-7-102 (emphasis added). Here, the Pinders‘ causes of action for conversion, civil conspiracy, and negligence are claims under the UGIA because they are all ―cause[s] of action for money or damages‖ against governmental entities and employees.”
Mallory v. Brigham Young Univ., 2012 UT App 242 (Utah Ct. App. 2012).
“See Utah Code Ann. § 63G-7-102(2) (2011). For the convenience of the reader, when referring to the term as used in the GIAU, we use "Employee," and when referring to the common meaning of the term, we use "employee.”
— Utah Code § 63G-7-102(2)(a) — 2 cases
Mallory v. Brigham Young Univ., 2012 UT App 242 (Utah Ct. App. 2012).
“See Utah Code Ann. § 63G-7-102(2) (2011). For the convenience of the reader, when referring to the term as used in the GIAU, we use "Employee," and when referring to the common meaning of the term, we use "employee.”
— Utah Code § 63G-7-102(2)(a)(1) — 1 case
Mallory v. Brigham Young Univ., 2012 UT App 242 (Utah Ct. App. 2012).
“See Utah Code Ann. § 63G-7-102(2) (2011). For the convenience of the reader, when referring to the term as used in the GIAU, we use "Employee," and when referring to the common meaning of the term, we use "employee.”
— Utah Code § 63G-7-102(2)(a)(i) — 1 case
— Utah Code § 63G-7-102(2)(c) — 1 case
— Utah Code § 63G-7-102(3) — 2 cases
— Utah Code § 63G-7-102(4) — 4 cases
GeoMetWatch Corp. v. Utah State Univ. Rsch. Found., 2018 UT 50 (Utah 2018).
“§ 63G-7-102(10) (emphasis added). "Political subdivision" is defined as "any county, city, town, school district, community reinvestment agency, special improvement or taxing district, local district, special service district, an entity created by an interlocal agreement adopted…”
GeoMetWatch v. Behunin, 38 F.4th 1183 (10th Cir. 2022).
“” Utah Code § 63G-7-102(4). Likewise, the term “state,” as defined by the statute, means “the state of Utah, and includes each office, department, division, agency, authority, commission, board, institution, hospital, college, university, Children’s Justice Center, or other…”
— Utah Code § 63G-7-102(4)(a) — 6 cases
— Utah Code § 63G-7-102(4)(b) — 2 cases
Mallory v. Brigham Young Univ., 2012 UT App 242 (Utah Ct. App. 2012).
“See Utah Code Ann. § 63G-7-102(2) (2011). For the convenience of the reader, when referring to the term as used in the GIAU, we use "Employee," and when referring to the common meaning of the term, we use "employee.”
— Utah Code § 63G-7-102(4)(c) — 1 case
— Utah Code § 63G-7-102(48)(b) — 1 case
Mallory v. Brigham Young Univ., 2012 UT App 242 (Utah Ct. App. 2012).
“See Utah Code Ann. § 63G-7-102(2) (2011). For the convenience of the reader, when referring to the term as used in the GIAU, we use "Employee," and when referring to the common meaning of the term, we use "employee.”
— Utah Code § 63G-7-102(5) — 4 cases
Mariani v. Driver License Div., 2024 UT 44 (Utah 2024).
“§ 63G-7-102(1). The phrase means that “(a) there is some causal relationship between the conduct or condition and the injury; (b) the causal relationship is more than any causal connection but less than proximate cause; and (c) the causal relationship is sufficient to conclude…”
— Utah Code § 63G-7-102(5)(a) — 6 cases
— Utah Code § 63G-7-102(5)(b) — 3 cases
— Utah Code § 63G-7-102(6) — 2 cases
Pinder v. Duchesne, 2020 UT 68 (Utah 2020).
“‖ UTAH CODE § 63G-7-102 (emphasis added). Here, the Pinders‘ causes of action for conversion, civil conspiracy, and negligence are claims under the UGIA because they are all ―cause[s] of action for money or damages‖ against governmental entities and employees.”
Gressman v. State, 2013 UT 63 (Utah 2013).
“2009) (defining "personal injury" as "[aluy invasion of a personal right, including mental suffering and false imprisonment"); Ura Cope § 63G-7-102(6) (stating that "Personal Injury" for pur *1014 poses of Utah's Government Immunity Act "means an injury of any kind other than…”
— Utah Code § 63G-7-102(7) — 1 case
— Utah Code § 63G-7-102(8) — 7 cases
GeoMetWatch Corp. v. Utah State Univ. Rsch. Found., 2018 UT 50 (Utah 2018).
“§ 63G-7-102(10) (emphasis added). "Political subdivision" is defined as "any county, city, town, school district, community reinvestment agency, special improvement or taxing district, local district, special service district, an entity created by an interlocal agreement adopted…”
Nebeker v. Summit Cnty., 2014 UT App 244 (Utah Ct. App. 2014).
“Code R37-4-2, -3(4); see also Utah Code Ann. § 63G-7-102 (LexisNexis 2011).”
McKitrick v. Gibson, 2021 UT 48 (Utah 2021).
“§ 63G-7-102(8); see also id. §§ 63G-9-201(1)(a), -22- 102(1).”
— Utah Code § 63G-7-102(9) — 1 case
— Utah Code § 63G-7-102(c) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.