Larsen v. Davis Cnty. Sch. Dist., 2017 UT App 221 (Nov. 30, 2017).
Nov 30, 2017
In this appeal, the Utah Court of Appeals was asked to interpret the interplay between the Governmental Immunity Act’s (1) waiver of immunity for injuries proximately caused by the negligent act or omission of a governmental employee and (2) retention of immunity for injuries that arise out of or in connection with certain enumerated conduct, including assault or battery. The case involved claims by a student against his school district for negligent hiring, supervision, and retention of a former teacher who had initiated a sexual relationship with him. The court of appeals held that if an immunity-invoking condition is at least “a proximate cause” of the claimed injury, then the government entity is immune from suit.