Civil lawsuit in Utah teen’s death can proceed
December 1, 2009
A federal judge has refused to dismiss claims of negligence leveled at several state agencies and private individuals by a Utah woman whose teenage son died in November 2007.
Donna Whitney has sued the state of Utah, the Department of Human Services, the Division of Juvenile Justice Services, private provider Quest Youth Services and several individuals who operate or work for the company, over the death of her son, Dillon Whitney.
U.S. District Judge Dale Kimball ruled Wednesday that Donna Whitney’s negligence claims can go forward. However, he dismissed her civil-rights claims against the state. Attorneys for the state had sought to have the lawsuit dismissed in its entirety, arguing in part that the state is immune from a negligence claim because of the “incarceration exception” to the Utah Governmental Immunity Act.
Read Article: The Deseret News
Posted By: Phoenix Arizona Phoenix Catastrophic Injury Attorney
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