SCOTT v. UTAH COUNTY

No. 20130257.

356 P.3d 1172 (2015)

2015 UT 64

Mika SCOTT, Appellant, v. UTAH COUNTY, Utah County Sheriff's Office, and John Does 1-10, Appellees.

Supreme Court of Utah.

August 5, 2015.


Attorney(s) appearing for the Case

Charles H. Thronson , Nicole G. Farrell , Scott S. Bell , Michael K. McKell , Joseph M. Stultz , Michael A. Worel , John W. Christiansen , and Alan S. Mouritsen , Salt Lake City, for appellant.

Peter Stirba , Salt Lake City, for appellees Utah County and Utah County Sheriff's Office.

Peter W. Summerill and Tera J. Peterson , Salt Lake City, for amicus Utah Association for Justice.

Jason B. Richards , Ogden, for amicus Utah Sherriff's Association.

Chief Justice DURRANT authored the opinion of the Court, in which Associate Chief Justice LEE, Justice DURHAM, Justice PARRISH, and Judge ROTH joined. Justice NEHRING did not participate herein due to his retirement; Court of Appeals Judge STEPHEN L. ROTH sat. Justice HIMONAS became a member of the Court on February, 13, 2015, after oral argument in this matter, and accordingly did not participate.


Introduction

¶ 1 This case requires us to consider the conditions under which the custodian of a dangerous person has a duty to prevent that person from injuring others. In prior cases, we have concluded that such a duty exists only if the custodian is aware, or should be aware, that the...

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