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WAGNER v. STATE

No. 20040405.

122 P.3d 599 (2005)

2005 UT 54

Tracy D. WAGNER and Robert W. Wagner, Plaintiffs and Petitioners, v. STATE of Utah, Utah Department of Human Services, and Utah State Development Center, Defendants and Respondents.

Supreme Court of Utah.

August 30, 2005.

Attorney(s) appearing for the Case

D. David Lambert, Leslie W. Slaugh, Ryan D. Tenney, Provo, for plaintiffs.

Mark L. Shurtleff, Att'y Gen., Barry G. Lawrence, Nancy L. Kemp, Asst. Att'ys Gen., Salt Lake City, for defendants.

On Certiorari to the Utah Court of Appeals

WILKINS, Associate Chief Justice:

¶ 1 Tracy and Robert Wagner seek review of the court of appeals' ruling that the trial court properly granted a rule 12(b)(6) motion dismissing their suit against the State. The Wagners' suit, which sought recovery for injuries Mrs. Wagner sustained when a mentally handicapped man attacked her while he was in the custody of state employees, was dismissed at the trial court...

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