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Utah Supreme Court hears dispute over Deer Valley employee release and scope of Pugmire
Summary
At oral argument, parties disputed whether a pre-injury release Deer Valley required employees to sign can be enforced after employment ends and whether the century-old Pugmire precedent still blocks employer–employee releases or has been superseded by the Workers' Compensation Act.
The Utah Supreme Court heard arguments over whether a pre-injury release used by Deer Valley Ski Resort can bar two former employees from suing after a March 17, 2020 accident. Counsel for Deer Valley said the release applies to injuries outside the course and scope of employment and should be enforced; counsel for the plaintiffs said the release is void under this court's Pugmire precedent and is unconscionable or otherwise unenforceable in any event.
The case turns on long-standing public-policy questions about releases between employers and employees, and the court questioned whether Pugmire v. Short Line Railroad — an older Utah decision barring employer–employee releases of employer negligence — should be read as limited to workplace injuries that modern workers' compensation law now governs.
Deer Valley…
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