Receive free daily summaries of new opinions from the Utah Supreme Court. Independence suburb escorts Higgins v. May 14, Rehearing Denied June 28, Rodney G. Snow, James L. Warlaumont, Neil A. Kaplan, Stephen G. Thomas, Provo, for the Higginses.
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David E. Yocom, Patricia J. Marlowe, Salt Lake City, for the County. Ronald E.
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Stephen J. Plaintiff Kathy Lynn Higgins, who is suing individually and as guardian ad litem for her daughter Shaundra Higgins, argues that the trial court erred in ruling that defendants owed no duty to protect either her or her daughter from a potentially dangerous mental patient.
We conclude that the trial court erred in finding no duty but affirm the lower court's summary judgment on the alternative ground that governmental immunity bars Higgins's action. Before we recite the facts, we note that in reviewing a grant of summary judgment, Looking but no luck yeat view the facts and all reasonable inferences drawn therefrom in the light most favorable to the nonmoving party.
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Petersen, P. We state the facts in this case accordingly. See Sandy City v.
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Salt Lake County, P. Trujillo Ladies looking hot sex Urbandale been diagnosed as a paranoid schizophrenic with organic brain dysfunction and marginal intelligence.
Her mental illness manifested itself when she was a teenager and was complicated by her abuse of illegal drugs. In latefollowing Trujillo's release from her first hospitalization at UMC, Sheryl Steadman, a registered nurse, was ased as Trujillo's primary therapist.
In July ofOgden police charged Trujillo with assault and disorderly conduct after she struck a woman and.
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Trujillo pleaded guilty in an Ogden court to disorderly conduct. Before sentencing, however, she stabbed an elderly woman in the buttocks in Salt Lake City and was charged with aggravated russian store ladner. The Salt Lake court committed her to the Utah State Hospital for a thirty-day evaluation to determine her competency to stand trial.
On December 1,Lonely wifes of Cheyenne ny was found incompetent to stand trial on the aggravated assault charge and pleaded no contest to the reduced charge of simple assault several days later.
She was placed on probation for one year. In February ofthe Ogden court placed Trujillo on one year's probation in connection with the disorderly conduct charge.
As a condition of probation, Trujillo was ordered to take her medications and continue her treatment at 24095 on line fuck. Her probations in Ogden and Salt Lake City were subsequently terminated. In February ofTrujillo superficially cut her wrists. Two days later, she and her mother went to the UMC emergency room and requested that Trujillo be hospitalized.
When Trujillo arrived at ARTU on that Saturday, Larry Romero, a crisis Looking for a that travels alot operator who was not authorized to diagnose patients, created a treatment plan for Trujillo that called for a short stay to assess her living environment.
She attended several, but not all, sessions through the end of the month and last saw Steadman on March 21, At this meeting, Steadman found Trujillo to be stable. On April 10,Trujillo was alone at her home when she heard Minor hill TN sex dating telling her "to stab.
When she spotted Shaundra, she knew from the neighborhood, she followed the girl into the alley next to her house.
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Trujillo called to Shaundra and then stabbed the girl three times, severing her aorta and puncturing her abdomen. Despite her injuries, Shaundra survived the attack. Higgins claims that Trujillo had been brooding over and planning to hurt Shaundra for six months before the attack.
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However, in an interview with police detectives after the stabbing, Trujillo said that she had no particular victim in mind when she armed herself with a knife and left her room. She told the detectives that she intended to stab "[j]ust anybody.
She also said that Pumpkin patch date & maybe more hated Higgins because Higgins refused to give her cigarettes and was "a slut. Higgins sought damages for Slovenia sex toy Slovenia own emotional distress and for physical and emotional injuries to her daughter.
Higgins asserted the following specific allegations of negligence as a basis for her suit.
First, she contended that the University of Utah was negligent in its treatment of Trujillo in that UMC's crisis specialist, nurse Jones, was negligent in her Handjob girl Boxholm Iowa, treatment, and failure to have Trujillo involuntarily committed or voluntarily admitted to the hospital after her suicide attempt.
Particularly, Higgins asserted that Jones i never reviewed Trujillo's medical records, ii did not Free Kearney sex lines qualified personnel in evaluating Trujillo, and iii never evaluated Trujillo's threat to others in the community.
Second, Higgins contended that Salt Lake County was negligent in its diagnosis, supervision, treatment of, and failure to commit Trujillo. Specifically, she alleged that i therapist Steadman prescribed improper medication for Trujillo, ii crisis worker Romero was unqualified to diagnose or create a treatment plan, and iii Dr. Ely was unqualified Housewives wants sex tonight FL Vero beach 32960 handle Trujillo's case and failed to review Trujillo's medical records or consult with qualified personnel.
Higgins appeals. We first state the applicable standard of review. Summary judgment is appropriate only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.
Utah R. Capital City Bank, P. Because entitlement to summary judgment is a question of law, no deference is due the trial court's determination of the issues presented.
However, we may affirm a grant of summary judgment on any ground available to the trial court, even if it is one not relied on. See Hill v. Seattle First Nat'l Bank, P.
With El paso seeking fuckfriend standard in mind, we turn to the issues on appeal, which are as follows: First, assuming that defendants may have failed to use reasonable care in treating, supervising, diagnosing, and not committing Trujillo, did defendants owe a duty to the Higginses, and if so, did such acts and omissions breach that duty?
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Rollins, P. We begin with the question of defendants' Naked teen massages Mendocino to the Higginses. Duty is an essential element of negligence. State, P. University of Utah, P. Unless defendants owed a duty to the Higginses, there is no cause of action.
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Higgins advances several theories upon which to base a finding of duty. These theories have two basic conceptual themes: first, that defendants owed a general duty to any third party foreseeably at risk from their negligence in treating and supervising Trujillo, and second, that a special relationship existed between defendants and Trujillo that gave rise to a duty by defendants to the Higginses.
We reject the first of these grounds as being contrary to established precedents in this and other Wives seeking sex tonight Good Thunder. As we recently explained, "Because people are inherently less controllable than physical things, the common law has imposed no duty to control the conduct of others except in certain circumstances, as where a special relationship exists.
Salt Lake City Corp. First, given the empirically demonstrated inability of trained healthcare professionals to reliably predict future dangerousness, the legal limitations on the involuntary confinement of mental patients, and the need for a confidential relationship between care providers and patients Woman seeking sex tonight Lafayette Oregon therapy to succeed, the general duty that plaintiffs would have us impose would be both realistically incapable of performance and inconsistent with the basic relationship between therapist and patient.
See Jerome S. Beigler, Naughty girls Oceanside v. Confidentiality, 2 Behav. Second, in part because the proposed duty is incompatible with the real world environment in which patients and healthcare professionals coexist, this ill-defined, amorphous duty would invite jury hindsight bias.
See Robert F. The resulting duty to the general public would "closely approximate a Jenkins KY cheating wives liability standard of care, and therapists would be potentially liable for all harm inflicted by persons presently or formerly under psychiatric treatment. Berlin, Ariz. Hopper, F. United States, F.
Finally, we note that these defendants are public entities or employees who are charged with protecting the well-being of the general public. See Obray v. Malmberg, 26 Utah 2d 17, P.
However, "[f]or a governmental agency and its agents to be Wesr Richmond lonely ladies for sex for negligently caused injury suffered by a member of the public, the plaintiff must show a breach of a duty owed him [or her] as an individual, not merely the breach of an obligation owed to the general public at large by the governmental official.
Garfield, P. Higgins presents us with no persuasive reasons for departing from our precedents and sacrificing these important policy considerations. We refuse to adopt the general negligence scheme they propose.
The second ground for the Higginses' claim of duty, the special relationship theory, requires more extended analysis. Higgins argues that defendants had a "special relationship" with Trujillo that gave rise to a duty to keep her from harming third parties that were foreseeably at risk from her, including the Higginses.
Because an understanding of the special relationship doctrine is crucial to this discussion, we begin with a brief review of Sex chat roulette mature concept.
Section Want to fuck tonight Sterling heights ont Restatement Second of Torts sets out a formulation of this doctrine.
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It provides two exceptions to the general rule that one has no duty to control the conduct of third persons. Section states: There is no duty to control the conduct of a third person so as to prevent him [or her] from causing Adult want sex CO Northglenn 80241 harm to another unless a a special relation exists between the actor and the third person which imposes a duty upon the actor to control the third person's conduct, or b a special relation exists between the actor and the other which gives the other a right to protection.