The Utah Supreme Court has reversed a judgment against Salt Lake City in a case involving an off-duty police officer who was involved in an accident while driving her patrol car home to Tooele.
In a decision filed Friday, the high court ruled that the partial summary judgment granted to Chad and Stacy Ahlstrom in 3rd District Court was inappropriate because of a rule barring "vicarious liability" against an employer for commuting accidents.
The couple were involved in the February 2000 accident on U-36 that injured seven people. Authorities said at the time that Salt Lake police officer Michelle Ross lost control of her patrol car on wet roads and slammed into oncoming traffic.
Chad Ahlstrom, then 32, was reported in critical condition after the sport-utility vehicle he was in was hit by the patrol car. Ross had her 14-month-old son with her, who was also injured.
Ross was a field training officer in addition to her regular duties. At the time of the accident, she was driving home from a field training officer meeting that she was paid to attend, even though she was not on duty.
The Supreme Court noted that the city did not require her to commute in the patrol car but does allow officers to pay for the opportunity to use their vehicles to travel between work and home. While using the patrol cars, off-duty officers may be required to respond to calls.
Third District Judge Glenn Iwasaki agreed with the Ahlstroms that Ross' use of the patrol car "conveyed a benefit to the city and was under the control of the city," according to the court's opinion.
The judge also pointed out that because Ross could be "called into duty by the mere happening of events in her presence, she is essentially always on duty, at least when operating a police vehicle."
But the Supreme Court cited its previously adopted "coming and going rule" that states "an employee is not in the scope of his employment for purposes of third-party negligence claims when he is traveling to and from work."
The court ruled that "in the absence of unique circumstances, the rule applies with full force to police officers commuting in city-owned vehicles" and stated the Ahlstroms failed to show any exception applied.
Salt Lake City Assistant Attorney Steven Allred said the decision "settles the question of municipal liability for public safety take-home program favorably for municipalities and the public in general."
Allred said the district court's partial summary judgment ruling had not included any award.
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