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Wagner V. State Case Study

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Wagner v State is a case that centers around the question: Can a person who is mentally incompetent commit a battery? This case came about after Mrs. Wagner was attacked by Mr. Giese, a mentally incompetent person, who was a charge of the state while standing in Walmart. The intentional tort of battery consists of intent to contact, not intent to harm. This contact must be deliberate and it must also be harmful. However, the actor does not need to know that his action is harmful in order for the tort of battery to apply. Along with this, the state is not liable for the intentional tort of battery due to legislatively granted immunity.

The Wagners brought suit against the state for damages. They argued that the man’s actions could not constitute

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