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BIRKNER v. SALT LAKE COUNTY

No. 19966.

771 P.2d 1053 (1989)

Cynthia BIRKNER, Plaintiff, Appellee, and Cross-Appellant, v. SALT LAKE COUNTY, Defendant and Appellant, and Michael Flowers, an individual, Defendant and Appellee.

Supreme Court of Utah.

March 22, 1989.

Attorney(s) appearing for the Case

David E. Yocum, Patricia J. Marlowe, Salt Lake City, for defendant and appellant Salt Lake County.

Phillip S. Ferguson, Salt Lake City, for defendant and appellee Flowers.

R. Scott Berry, Salt Lake City, for plaintiff, appellee, and cross-appellant.

STEWART, Justice:

This is an appeal and a cross-appeal from a judgment for damages based on the sexual misconduct of a Salt Lake County employee, Michael Flowers, a licensed social worker. On the principal appeal, the County contends that Flowers' conduct was outside the scope of his employment and that the County is not liable for his acts under the doctrine of respondeat superior. The County also appeals the trial court's judgment requiring it to indemnify Flowers...

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