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Flansburg case examines Deer Valley employee's scope of conduct during lockdown incident

September 08, 2025 | Utah Supreme Court, Utah Judicial Branch, Utah


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Flansburg case examines Deer Valley employee's scope of conduct during lockdown incident
In a pivotal session held at the Utah Supreme Court, the case of Deer Valley v. Olson unfolded, revealing a complex narrative surrounding employee conduct and employer liability. The courtroom buzzed with tension as attorneys presented their arguments, focusing on the actions of Will Flansburg, a Deer Valley employee, during a critical incident in March 2020.

As the pandemic gripped the nation, Deer Valley Resort faced unprecedented challenges, with operations largely shut down and only a handful of employees remaining on duty. Amid this backdrop, Flansburg took it upon himself to transport two former colleagues up the mountain, a decision that would later lead to serious injuries and a legal battle over whether his actions fell within the scope of his employment.

The defense argued passionately that Flansburg's actions were motivated by a desire to support Deer Valley, citing his loyalty and competence as an employee. They emphasized that he had a history of performing similar tasks without issue, suggesting that his conduct was not out of the ordinary but rather a reflection of his role within the company. "A jury could believe that what Will Flansburg did that day benefited Deer Valley at least in part," one attorney stated, urging the court to consider the totality of the circumstances rather than focusing solely on the specifics of the incident.

Conversely, the opposing counsel highlighted the critical distinction of Flansburg's motivations, arguing that he had actively evaded supervision and was not acting in the best interests of his employer at the time of the incident. They painted a picture of a resort in lockdown, where Flansburg's decision to give rides was not only reckless but also a clear departure from his responsibilities.

The justices listened intently, weighing the arguments about employee control and the implications of Flansburg's actions. The discussion turned to the legal precedent set in previous cases, where the courts had ruled that the context of an employee's actions is crucial in determining liability. The defense maintained that Flansburg's conduct should be viewed through a lens of loyalty and routine practice, while the prosecution argued that his motivations were self-serving and outside the bounds of his employment.

As the session drew to a close, the justices were left to ponder a fundamental question: Should the case be handed over to a jury to decide if Flansburg's actions were indeed within the scope of his employment, or was there enough evidence to conclude otherwise? The outcome of this case could set a significant precedent for employer liability in similar situations, making it a critical moment for both Deer Valley and its employees. The courtroom, filled with anticipation, awaited the court's decision, which could reshape the understanding of employee conduct during unprecedented times.

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