Wagner v. State
Utah Supreme Court
122 P.3d 599 (Utah 2005)
Intent to make contact is sufficient to meet the intent element in a battery claim; the tortfeasor need not have intended the contact to be harmful or offensive.
Relevant Facts
Wagner was injured when she was pulled to the ground from behind by Giese in a K-Mart store. Giese, who was mentally disabled, was under the supervision of the State of Utah at the time. Wagner sued the State, alleging that Giese's action resulted in her injury. Wagner did not contend that Giese’s action was an involuntary spasm. The State argued that Giese's act constituted the intentional tort of battery, for which the State was immune under statutory provisions.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 8, 2023
Judicial Opinion
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Procedural History
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Citations
122 P.3d 599 (Utah 2005)