HUNSAKER v. STATE

No. 910366.

870 P.2d 893 (1993)

Jim HUNSAKER, individually and on behalf of the deceased Maurine F. Hunsaker, and Betty Sudweeks on behalf of Matt Hunsaker, Nicholas Hunsaker, and Dana Hunsaker, minor children of Jim and Maurine F. Hunsaker, Plaintiffs and Appellants, v. STATE of Utah, a body politic, Gary DeLand, as director of Utah State Department of Corrections, Utah State Department of Corrections, Utah State Board of Pardons and Parole, Myron March as director of Utah State Department of Adult Probation and Parole, Ray Wall, as regional supervisor, Region III of Utah State Department of Adult Probation and Parole, Kent Jones and Joe Smout, as supervisors of John Shepard of the Utah State Department of Adult Probation and Parole, John Shepard, in his capacity as parole officer, Utah State Department of Adult Probation and Parole, Gas-A-Mat Oil Corp. of Colorado, a Colorado corporation, and John Does I-V, Defendants and Appellees.

Supreme Court of Utah.

November 30, 1993.


Attorney(s) appearing for the Case

P. Gary Ferrero, Salt Lake City, for plaintiffs R. Paul Van Dam, Atty. Gen., Debra J. Moore, Asst. Atty. Gen., for State defendants.

Gary L. Johnson, Salt Lake City, for Gas-A-Mat.


HALL, Chief Justice:

Plaintiffs appeal from a summary judgment entered in favor of defendant State of Utah on plaintiffs' wrongful death claim arising from the kidnapping and murder of Maurine Hunsaker by Ralph Leroy Menzies, a parolee from the Utah State Prison. Plaintiffs also appeal the district court's grant of defendant Gas-A-Mat Oil Corporation of Colorado's ("Gas-A-Mat") motion to dismiss plaintiffs' claims against...

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