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Torts Keyed to Prosser
Wagner v. State
Citation:
2005 UT 54, 122 P.3d 599Facts
Mr. Giese was a mentally handicapped man. As part of his treatment program, state employees accompanied him to a K-Mart. While at the K-Mart, Mr. Giese grabbed Mrs. Wagner’s head and threw her to the ground. Mrs. Wagner and her husband filed a negligence claim against the state employees who supervised Mr. Giese’s trip to the K-Mart. The State filed a motion to dismiss Mrs. Wagner’s claim. Arguing that Mr. Giese’s actions constituted a battery, the State maintained it was absolved of responsibility because it had immunity from such tort claims.
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