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EMERY v. STATE

No. 12173.

483 P.2d 1296 (1971)

26 Utah 2d 1

Helen C. EMERY, As Guardian for Brent Wesley Varley, Patrick J. Varley and Mark Robert Varley, minors, and Christine Varley, Plaintiffs and Appellants, v. The STATE of Utah, a sovereign, and John Doe; whose true names are unknown, agents and employees of the State of Utah at the Utah State Hospital, Defendants and Respondents.

Supreme Court of Utah.

April 13, 1971.

Attorney(s) appearing for the Case

Warren M. Weggeland, Gerald G. Gundry, Salt Lake City, for plaintiffs and appellants.

Vernon B. Romney, Atty. Gen., Joseph P. McCarthy, Asst. Atty. Gen., Salt Lake City, for defendants and respondents.

HENRIOD, Justice:

Appeal from a summary judgment dismissing a complaint for wrongful death of a voluntary patient1 in the State Hospital, where such dismissal was based on sovereign immunity generally, and by way of exception to the Utah Governmental Immunity Act,2 wherein the State waives such immunity except under provisions reciting specific circumstances, — the pertinent one about which we...

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