fails adequately “to support one of the elements of their claim upon which they ha[ve] the burden of proof.” Jensen, 1 F.3d at 1079. A plaintiff “cannot avoid summary judgment merely by presenting a scintilla of evidence to support her claim; she must proffer facts such that a reasonable jury could find in her favor.” Turner v. Public Serv. Co. of Colo., 563 F.3d 1136, 1142 (10th Cir.2009) (citation omitted). 2. Analysis The parties agree that, under Utah law, the liability releases signed by Mr. Milne and Mr. Hall preclude the plaintiffs from bringing ordinary negligence claims against the defendants. See Pearce, 179 P.3d at 765 (stating that “people may contract away their rights to recover in tort for damages caused by the ordinary negligence of others”); see also id. at 766 (<HOLDING>). However, the plaintiffs argue — and, on
holding contractors could not claim recreational immunity because they had no continuing authority to determine whether the land should be open to the public recognizing that public utilities affect the public interest in that they render essential public services to a large number of the general public holding that whether the public invitee may have some commercial purpose in mind was irrelevant to recreational immunity instead by opening up the lands for recreational use without a fee the landowner brought itself under the protection of the immunity statute holding that recreational activities do not constitute a public interest and that therefore preinjury releases for recreational activities cannot be invalidated under the public interest exception recognizing the public interest exception