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Nielsen ex rel. C.N. v. Bell ex rel. B.B., 2016 UT 14 (Mar. 24, 2016)

Mar 24, 2016

The plaintiff in this negligence action sued a four-year-old child she was babysitting for throwing a toy at her and striking her in the eye. The court followed the Restatement (Third) of Torts and held that children under the age of five may not be held liable for negligence. Accordingly, the court reversed the district court’s order denying summary judgment in favor of the four-year old defendant, and remanded with instructions to grant summary judgment.