Rachel Graves and Dustin Russell, a Married Couple

Summary

The Utah Supreme Court held that North Eastern Services owed a duty of care to the minor victim based on a special relationship under Restatement (Second) of Torts §317, affirmed that expert testimony was not required to establish the standard of care, and reversed the lower court by holding that Utah’s comparative fault statute applies to intentional torts. The majority adopted the Restatement §317 test and interpreted the statutory definition of “fault” broadly.