Kirk v. State

OPINION

BENCH, Judge:

Plaintiff George “Nick” Kirk appeals an order granting the State’s motion to dismiss his negligence action. We affirm.

Plaintiffs complaint against the State stems from an injury he received while working as an unarmed bailiff at the Metropolitan Hall of Justice. On April 2, 1985, Ronnie Lee Gardner, an inmate at the Utah State Prison, was escorted by two corrections officers to the Hall of Justice to attend court proceedings. In the basement of the building, a female accomplice passed a loaded handgun to Gardner, who then exchanged gunfire with the officers. When plaintiff…