Background
Kenda Sue Porter appealed the district court’s dismissal with prejudice of her action against The Church of Jesus Christ of Latter-Day Saints arising from an accident that occurred on September 10, 2023. Porter alleged that the Church directed a rushed and uncoordinated chair-removal process without adequate safeguards, leading to the sudden removal of her chair while she was rising, which caused her to fall and injure her wrist.
The court’s reasoning
The court reviewed the grant of a motion to dismiss de novo and the denial of leave to amend for abuse of discretion. Under Arizona law, a plaintiff must allege duty, breach, causation, and damages. While duty was undisputed because Porter was an invitee, factual issues of breach and causation are generally questions for the jury once a duty is established. The district court incorrectly determined that Porter could not establish breach or causation as a matter of law. Regarding the negligent infliction of emotional distress claim, the court found the complaint did not clearly allege physical manifestation of distress, but vacated the dismissal to allow amendment since it was not clear that amendment would be futile.
What it means going forward
The case is sent back to the district court for further proceedings, allowing the plaintiff to pursue her negligence claim and potentially amend her emotional distress claim.