Utah Court of Appeals hears argument in Scofield v. Starbucks over business duty to protect outdoor patrons from vehicle collisions

Judge Ryan Tenney convened the Utah Court of Appeals and heard argument Thursday in Scofield v. Starbucks Corporation, a negligence case arising after a Dodge 1500 Ram truck struck a customer seated in Starbucks’ outdoor seating area. Appellate counsel for the Scofields asked the court to reverse the district court’s dismissal under Rule 12(b)(6); counsel for Starbucks asked the court to affirm, arguing the complaint failed to allege the necessary factual showing that would give rise to a duty to protect against third‑party vehicular conduct.

The core dispute at argument was whether Utah precedent establishes a categorical duty that a business owes to invitees—such that a plaintiff need only plead a recognized duty to proceed—or whether foreseeability and other “just factors” must still be assessed at the duty stage. "When a recognized duty has been invoked, the just factors…