Torts week 1 - Torts Wagner v. Utah (2005) Tracy Wagner,...

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Torts Wagner v. Utah (2005) Tracy Wagner, was in line at customer service in K-Mart, in Utah. She was suddenly and inexplicably attacked from behind. It was a mental patient from Utah State Development Center (USDC), named Mr. Giese. He had a history of violent conduct and was a danger to the public if not properly supervised. Wagner attempted to sue the USDC because they did not properly supervise the activity of Mr. Giese while he was in its care. USDC moved to dismiss the claim because the injures the Wagner suffered was due to Mr. Giese battery on her, which is an intentional course. Although this was a tort, the government is immune to intentional torts. Defendants won, appeals affirmed, USSC affirmed. Wagner claims that it wasn’t a battery because there needs to be a mental aspect to battery, the defendants argued there only needs to be the physical touching. USSC state that, the person must intend to make the physical contact, for a battery to occur. Battery (in the restatement): Actor is subject to liability to another for battery if he acts intending to cause a harmful or offensive contact with a person of the other or a third person, or an imminent apprehension of such a contact, and a harmful contact with a person of the other
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Torts week 1 - Torts Wagner v. Utah (2005) Tracy Wagner,...

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