# Owens Ex Rel. Owens v. Garfield

> Utah Supreme Court · December 29, 1989 · 125 Utah Adv. Rep. 3

URL: https://www.frixlaw.com/law-library/cases/9630390

## Case

- **Full name:** Matthew Frank OWENS, a Minor, by and Through His Guardian Ad Litem, Kathy J. OWENS, and Kathy J. Owens, Individually, Plaintiffs and Appellants, v. Eileen GARFIELD, Robert F. Suchyta, M.D., Salt Lake County, and State of Utah, Defendants and Appellees
- **Court:** Utah Supreme Court
- **Decided:** December 29, 1989
- **Citations:** 125 Utah Adv. Rep. 3; 784 P.2d 1187; 1989 Utah LEXIS 167; 1989 WL 156429
- **Precedential status:** Published
- **Opinion:** Concurrence by Zimmerman
- **Judges:** Durham, Hall, Howe, Stewart, Zimmerman
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9630390

## Opinion text

ZIMMERMAN, Justice
(concurring specially):
I concur in the opinion of Justice Durham, except that portion suggesting in dictum that if Matthew Owens had been individually identified to defendants as a potential victim of abuse, then plaintiffs could rely on the Utah child abuse prevention and treatment statute as creating a legal duty to take steps to protect him. At this point, I think it premature to speculate as to whether and when we might find the statute to create a duty upon which a tort action could be founded. See, e.g., Beach v. University of Utah, 726 P.2d 413 (Utah 1986) (discussion of factors to be considered before tort duty is implied); Christensen v. Hayward, 694 P.2d 612 (Utah 1984) (per curiam) (discussion of public/private duty dichotomy). 1
HALL, C.J., and HOWE, Associate C.J., concur in the concurring opinion of ZIMMERMAN, J.
. This position represents the view of the majority of the Court on this issue.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9630390. Public record. Not legal advice.