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FOSTER v. SALT LAKE COUNTY

No. 16608.

632 P.2d 810 (1981)

Mrs. Herman FOSTER and John Ewing, natural parents of Jeffrey Adrian Ewing, aka Jeffrey Ewing Foster, deceased, a minor, and David Mac Kelly, Plaintiffs and Respondents, v. SALT LAKE COUNTY, a body corporate and politic of the State of Utah, Defendant and Appellant.

Supreme Court of Utah.

June 15, 1981.

Attorney(s) appearing for the Case

Theodore L. Cannon, Salt Lake County Atty., Ralph D. Crockett, Deputy County Atty., Merlin R. Lybbert and Scott Daniels of Snow, Christensen & Martineau, Salt Lake City, for defendant and appellant.

Carman E. Kipp, W. Brent Wilcox, Salt Lake City, for plaintiffs and respondents.

STEWART, Justice:

Defendant Salt Lake County appeals from a summary judgment of the Third District Court that it is liable to pay a $150,000 judgment won by plaintiffs Foster and Ewing against David Mac Kelly, a former employee of the County.

Kelly was a Salt Lake County Deputy Sheriff to whom the County assigned a patrol car for use on a 24-hour-a-day, seven-day-a-week basis — both on and off duty. At approximately 11:00 p.m. on January 26, 1978, Deputy...

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