Cynthia Birkner, Plaintiff, Appellee, and Cross-Appellant v. Salt Lake County, Defendant and Appellant, and Michael…

Summary

The Utah Supreme Court held that the therapist’s sexual misconduct was outside the scope of his employment, so the County was not liable under respondeat superior; however, the County was liable for negligent supervision of the therapist, affirmed its 40 percent comparative fault, denied the therapist’s claim to indemnification, and upheld the jury’s 10 percent comparative fault finding for the plaintiff. The court reversed the trial court’s judgment imposing liability on the County for the therapist’s negligence and remanded for entry of judgment against the therapist.