Graves v. North Eastern Servs., Inc.
Annotate this CaseDefendants provided services for individuals with mental and physical disabilities. Some of homes run by Defendants and occupied by disabled individuals were in residential neighborhoods. A.R., a minor child, was sexually abused by one of Defendants’ employees at one of those homes. Plaintiff filed this action against Defendants, alleging negligence in the hiring, training, and supervision of Defendants’ employees. Defendants moved for summary judgment, which the district court denied. The Supreme Court affirmed in part and reversed in part, holding that the district court (1) did not err in holding that Defendants owed a duty to A.R. to exercise reasonable care in the hiring, training, and supervision of their employees; (2) did not err in determining that Plaintiffs had no obligation to designate an expert witness to establish a standard of care; and (3) erred in concluding that Defendants were not entitled to apportion liability to their employee under the comparative fault provisions of Utah Code 78B-5-818, as the fault to be apportioned under the statute is not limited to negligence but extends to intentional torts.
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