Epting v. State

CROCKETT, Justice:

Plaintiffs, minor children of Cynthia Epting Mitchell, sue the State alleging that it was negligent in allowing Michael Hart, a prisoner in the state prison, to escape and become involved in killing their mother. The trial court granted defendant’s motion to dismiss. Plaintiffs appeal, seeking to have the case remanded for trial.

For the purpose of considering defendant’s motion to dismiss we accept the plaintiffs’ statement of facts.1

In October 1974, prisoner Michael Hart had been granted the privilege of being on a “work release” program. Each work day morning he was…