Emery v. State

HENRIOD, Justice:

Appeal from a summary judgment dismissing a complaint for wrongful death of a voluntary patient1 in the State Hospital, where such dismissal was based on sovereign immunity generally, and by way of exception to the Utah Governmental Immunity Act,2 wherein the State waives such immunity except under provisions reciting specific circumstances, — the pertinent one about which we are concerned here being Subsection 10(10) 3 of the above mentioned Act. Affirmed.

There is no contention made that the decedent was admitted to the hospital other than as a voluntary patient under Sec.…