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Utah - Lee v. Langley, 2005 WL 1831115In Lee v. Langley, 2005 WL 1831115 (Utah App. August 4, 2005) the defendant failed to appear for criminal charges in Colorado and left the state in violation of the bond and of his contract with the surety. He was apprehended in Utah at his brother's house by a recovery agent licensed in Colorado but not in Utah. The defendant and his brother sued the surety, bail agent and recovery agent for false imprisonment, assault and reckless endangerment. The trial court dismissed the false imprisonment claim. The Court of Appeals held that the recovery agent was not protected by the Utah Bail Bond Recovery statute because he was not properly licensed, but that his apprehension of the defendant was authorized under the contract between the defendant and the surety and so was lawful and could not form the basis of a false imprisonment claim. The jury found for the recovery agent on the other claims, and the bail agent and surety could not be liable if the primary actor was not liable. |
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