MADSEN v. STATE

No. 15215.

583 P.2d 92 (1978)

Thelma MADSEN and Diana Lynn Madsen, an infant, by Thelma Madsen, her parent and natural guardian, Plaintiffs and Appellants, v. STATE of Utah, Utah State Board of Corrections, Samuel H. Smith, Leon Hatch, Tage Sponbeck and Doe I through V, Defendants and Respondents.

Supreme Court of Utah.

August 1, 1978.


Attorney(s) appearing for the Case

D. John Musselman, of Grow, Musselman & Watson, Orem, for plaintiffs and appellants.

Robert B. Hansen, Atty. Gen., G. Blaine Davis, Asst. Atty. Gen., Salt Lake City, for defendants and respondents.


WILKINS, Justice:

This is a wrongful death action brought by the wife and daughter of Thomas Madsen, who died while he was incarcerated at the Utah State Prison. Plaintiffs appeal from an order dismissing their complaint, dismissed on the ground that the claims are barred by the Utah Governmental Immunity Act.1

In their complaint, plaintiffs allege that Madsen died on March 1, 1974, following surgery at the Utah State Prison's...

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