Wagner v. State
Utah Supreme Court
122 P.3d 599 (Utah 2005)
Relevant factsFree
Wagner (plaintiff) was pulled to the ground from behind by Giese, a mentally disabled individual under state supervision, at a K-Mart; Wagner did not claim the act was an involuntary spasm. She sued the State, which argued Giese's act was the intentional tort of battery, triggering the State's statutory immunity from battery claims.
IssueFree
Whether intent to make contact suffices to meet the intent element in a battery claim.