Cady v. State

JACOBSON, Judge.

We are again faced with the confusing area of whether a duty owed by the state to the public in general has been narrowed to a private duty which will support liability for the negligent acts of the state’s agent. In particular this appeal presents the liability of the state for acts committed by an escaped convict.

This action was instituted by plaintiff-appellant, Patricia Cady, against the State of Arizona and several employees of the Department of Corrections for injuries suffered by her at the hands of John Bates, a felon who had escaped from the custody of the Department…