The Utah Supreme Court recently ruled that governmental immunity cannot prevent a claim for wrongful death. The case involved a minor who had been placed in a ‘community based proctor home.’ The boy had previously escaped on multiple occasions and, as a result, it was foreseeable he would attempt to do so once again. While left unsupervised, the boy once again escaped supervision. He fell down some stairs and, as a result of his injuries, died. The parents brought a wrongful death lawsuit for the loss of their son. The State of Utah sought to dismiss the claim on the basis that lawsuits for wrongful death as a result of negligence were precluded by the Governmental Immunity Act under the ‘incarceration’ provision. The Utah Supreme Court held that a claim for negligence based on wrongful death was not precluded because the boy was not ‘incarcerated’ but was simply under state supervision. The full case can be read here.

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Tags: wrongful death, government immunity, negligence

The Utah Supreme Court recently held that health care providers cannot force the spouse and children into arbitration for wrongful death claims due to medical malpractice. In Bybee v. Abdulla, the plaintiff brought a claim for wrongful death when her husband died as a result of alleged medical negligence. The healthcare provider had an arbitration agreement with the deceased husband and claimed that the arbitration agreement also waived the wife's right to go to court.... even while the healthcare provider retained their right to sue the husband for collection of fees. The Utah Supreme Court recognized that the wife and her children did not agree to arbitration and could not be forced to give up their rights of court access to redress the wrong. The full case can be read here (pdf).

Tags: wrongfuldeath, heirs