Court: United States Court of Appeals for the Ninth Circuit

Filed: 2026-06-16

Docket: 2:25-cv-01220-SPL

The Ninth Circuit reversed and remanded the district court’s dismissal with prejudice of Kenda Sue Porter’s negligence and premises liability claims against The Church of Jesus Christ of Latter-Day Saints, while vacating the dismissal of her negligent infliction of emotional distress claim. Applying a de novo standard of review to the motion to dismiss, the court held that under Arizona law, factual issues regarding breach and causation are generally questions for the jury once a duty is established. Because Porter was an invitee and undisputedly owed a duty, the district court erred in concluding as a matter of law that she could not establish breach or causation; her allegations that the Church directed a rushed chair-removal process without adequate safeguards created sufficient factual disputes to survive dismissal. Regarding the emotional distress claim, while the court agreed the complaint failed to allege physical manifestation of distress under Arizona precedent, it vacated the dismissal because it was unclear whether amendment would be futile, thereby allowing Porter an opportunity to seek leave to amend on remand. The practical consequence is that the case returns to the district court for further proceedings consistent with this opinion.

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