Utah Supreme Court hears dispute over whether licensing exception shields state for motorcycle-test injury

SALT LAKE CITY — The Utah Supreme Court heard oral argument in Mariani v. Driver over whether the Governmental Immunity Act bars a lawsuit for injuries that occurred during a motorcycle skills test or whether immunity can attach only when a formal licensing decision (issuance or denial) causes the harm.

Petitioner attorneys Caleb Burch and Cassandra Don told the justices the central question is causal: whether the Driver License Division’s prior placement and maintenance of the motorcycle skills course caused the plaintiff’s injury, or whether the later denial of her endorsement application was the cause. "In determining whether governmental immunity is retained under the licensing exception, the dispositive question here is whether respondent's antecedent setup and maintenance of the motorcycle skill test course upon a known…