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O'NEAL v. DIVISION OF FAMILY SERVICES

No. 890187.

821 P.2d 1139 (1991)

Derran O'NEAL, Plaintiff and Appellee, v. DIVISION OF FAMILY SERVICES, STATE OF UTAH, and Dick Hill, Defendants and Appellants.

Supreme Court of Utah.

Rehearing Denied January 7, 1992.

Attorney(s) appearing for the Case

Robert L. Moody, Thomas S. Taylor, D. Eugene Thorne, Salt Lake City, for plaintiff and appellee.

R. Paul Van Dam, Linda Luinstra-Baldwin, Salt Lake City, for defendants and appellants.

ZIMMERMAN, Justice:

The State Division of Family Services ("DFS") appeals from a jury decision in favor of plaintiff Derran O'Neal. DFS argues, inter alia, that the trial court erred when it refused to dismiss O'Neal's negligence action against DFS for damages resulting from sexual abuse O'Neal suffered while in the custody of a DFS-approved foster parent. DFS contends that O'Neal's claim was barred by the Utah Governmental Immunity Act and the applicable statute...

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