WAGNER V. STATE
122 P.3d 599 (2005)
NATURE OF THE CASE: Wagner (P) appealed a grant of State's (D) motion to dismiss in P's
suit for injuries suffered during an attack.
FACTS: P was standing in a customer service line at K-Mart when she was suddenly and
inexplicably attacked from behind. Sam Giese, a mentally disabled patient of the Utah State
Development Center (D), 'became violent, took P by the head and hair, threw her to the
ground, and otherwise acted in such a way as to cause serious bodily injury to her. D
employees had accompanied Mr. Giese to K-Mart as part of his treatment program and had
remained in K-Mart to supervise him. While sudden, this was not altogether unpredictable.
Mr. Giese had a history of violent conduct and presented a potential danger to the public if
not properly supervised. P filed a complaint against D for failing to 'properly supervise
the activity of' Mr. Giese while he was in its care. D moved to dismiss in that P's injuries
arose out of a battery, a tort for which the government is immune from suit. The district
court dismissed the complaint, holding that because Giese initiated a contact with
'deliberate' intent, his attack constituted a battery and the government was immune under
the statute. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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