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WAGNER v. STATESupreme Court of Utah, 20052005 UT 54, 122 P.3d 599.Page 20 in TextFACTS:The plaintiff was standing in the customer service line at her local K-Mart when suddenly SamGiese, a mentally disabled patient of the Utah State Development Center, attacked her frombehind. Mr. Giese became violent and took the Plaintiff by the head and hair and threw her to theground. Utah State Development Center employees accompanied Mr. Giese to K-Mart as part ofhis treatment program.PROCEDURE:The plaintiff filed a claim for recovery for injuries the plaintiff sustained when a mentallyhandicapped man attacked her while he was in the custody of the state. The trial court granted amotion to dismiss the plaintiff’s claims. The state argued the attack was a battery and the state isimmune from tort battery.Appeal Court affirmed the ruling. Wagner petitioned The Utah Supreme Court for Review. Alsoaffirmed.ISSUE:Whether Sam Giese’s actions are sufficient to state a claim for battery even though he is mentally
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Supreme Court of the United States,State supreme court,Mr. Giese