O'NEAL v. Division of Family Services

ZIMMERMAN, Justice:

The State Division of Family Services (“DFS”) appeals from a jury decision in favor of plaintiff Derran O’Neal. DFS argues, inter alia, that the trial court erred when it refused to dismiss O’Neal’s negligence action against DFS for damages resulting from sexual abuse O’Neal suffered while in the custody of a DFS-approved foster parent. DFS contends that O’Neal’s claim was barred by the Utah Governmental Immunity Act and the applicable statute of limitations. See Utah Code Ann. §§ 63-30-12, 78-12-25 (1991). We agree, vacate the judgment, and order the action against DFS…