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5 Utah opinions name it 2 courts 1995–2008 0 in the last five years
The cases below were cited by Utah courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ahlstrom v. Salt Lake City Corp.green2 sentences2008Relying on Ahlstrom v. Salt Lake City Corp., 2008 UT 4 , 73 P.3d 315 , the trial court reasoned that to hold otherwise "would render the coming and going rule obsolete" and would also unreasonably expand liability for employers. 2008Relying on Ahlstrom v. Salt Lake City Corp., 2008 UT 4 , 73 P.3d 315 , the trial court reasoned that to hold otherwise "would render the coming and going rule obsolete" and would also unreasonably expand liability for employers. | 1 | 2 |
Whitehead v. Variable Annuity Life Insurance Co.green2 sentences2007The primary purpose for this coming and going rule is to avoid imposing unlimited liability "on an employer for conduct of its employees over which it has no control and from which it derives no benefit." Id. at 937 . 2007The primary purpose for this coming and going rule is to avoid imposing unlimited liability "on an employer for conduct of its employees over which it has no control and from which it derives no benefit." Id. at 987 . | 1 | 2 |
Drake v. Industrial Commission of Utahgreen1 sentence2007Comm'n of Utah, 939 P.2d 177, 182 (Utah 1997) (quoting 82 Am.Jur.2d Workers' Compensation § 296 (1992)). €{20 While being conceptually accessible, the "risks and hazards" formulation of the going and coming rule is poorly equipped to handle the task of evaluating the relationship between an employer and an employee at the time an injury occurs. | 1 | 1 |
Carter v. Besseygreen2 sentences2007Nevertheless, the "scope of employment issue must be submitted to a jury `whenever reasonable minds may differ as to whether the [employee] was at a certain time involved wholly or partly in the performance of his [employer's] business or within the scope of employment.'" Clover, 808 P.2d at 1040 (alterations in original) (quoting Carter v. Bessey, 97 Utah 427 , 93 P.2d 490, 493 (1939)); see also Ahlstrom, 2003 UT 4 at ¶ 18 , 73 P.3d 315 (reversing a grant of summary judgment and rejecting the trial court's determination that the employer was liable for employee's negligence as a matter of law 2007Nevertheless, the "scope of employment issue must be submitted to a jury `whenever reasonable minds may differ as to whether the [employee] was at a certain time involved wholly or partly in the performance of his [employer's] business or within the scope of employment.'" Clover, 808 P.2d at 1040 (alterations in original) (quoting Carter v. Bessey, 97 Utah 427 , 93 P.2d 490, 493 (1939)); see also Ahlstrom, 2003 UT 4 at ¶ 18 , 73 P.3d 315 (reversing a grant of summary judgment and rejecting the trial court's determination that the employer was liable for employee's negligence as a matter of law | 1 | 1 |
Clover v. Snowbird Ski Resortgreen2 sentences2007Nevertheless, the "scope of employment issue must be submitted to a jury `whenever reasonable minds may differ as to whether the [employee] was at a certain time involved wholly or partly in the performance of his [employer's] business or within the scope of employment.'" Clover, 808 P.2d at 1040 (alterations in original) (quoting Carter v. Bessey, 97 Utah 427 , 93 P.2d 490, 493 (1939)); see also Ahlstrom, 2003 UT 4 at ¶ 18 , 73 P.3d 315 (reversing a grant of summary judgment and rejecting the trial court's determination that the employer was liable for employee's negligence as a matter of law 2007Nevertheless, the "seope of employment issue must be submitted to a jury 'whenever reasonable minds may differ as to whether the [employee] was at a certain time involved wholly or partly in the performance of his [employer's] business or within the seope of employment.'" Clover, 808 P.2d at 1040 (alterations - in original) (quoting Carter v. Bessey, 97 Utah 427 , 93 P.2d 490, 493 (1939)); see also Ahlstrom, 2003 UT 4 at ¶ 18 , 73 P.3d 315 (reversing a grant of summary judgment and rejecting the trial court's determination that the employer was liable for employee's negligence as a matter of l | 1 | 1 |
VanLeeuwen v. Industrial Com'n of Utahgreen1 sentence1995Co., 801 P.2d 934, 937 (Utah 1989); accord VanLeeuwen v. Industrial Comm’n, 901 P.2d 281, 284 (Utah App.1995). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Utah. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Begaye v. BIG D CONSTRUCTION CORP.
green
2 sentences2008Relying on Ahlstrom v. Salt Lake City Corp., 2008 UT 4 , 73 P.3d 315 , the trial court reasoned that to hold otherwise "would render the coming and going rule obsolete" and would also unreasonably expand liability for employers. 2008Relying on Ahlstrom v. Salt Lake City Corp., 2008 UT 4 , 73 P.3d 315 , the trial court reasoned that to hold otherwise "would render the coming and going rule obsolete" and would also unreasonably expand liability for employers. | 1 | 2008–2008 |
Clickner v. City of Lowell
green
2 sentences2003A survey of opinions from other jurisdictions involving negligence cases brought against cities for accidents involving off-duty police officers driving city vehicles reveals that the coming and going rule is generally applied in those situations to prevent vicarious liability. *318 See Hanson v. Benelli, 97-1467 (La.App. 4 Cir. 9/30/98) , 719 So.2d 627 (refusing to hold city liable for commuting accident where officer had no unique skills that required on-call status); Johnson v. Dufrene, 438 So.2d 1109 (La.Ct.App.1983) (holding city liable for commuting accident where officer had special ski 2003A survey of opinions from other jurisdictions involving negligence cases brought against cities for accidents involving off-duty police officers driving city vehicles reveals that the coming and going rule is generally applied in those situations to prevent vicarious liability. *318 See Hanson v. Benelli, 97-1467 (La.App. 4 Cir. 9/30/98) , 719 So.2d 627 (refusing to hold city liable for commuting accident where officer had no unique skills that required on-call status); Johnson v. Dufrene, 438 So.2d 1109 (La.Ct.App.1983) (holding city liable for commuting accident where officer had special ski | 1 | 2003–2003 |
Hanson v. Benelli
green
2 sentences2003A survey of opinions from other jurisdictions involving negligence cases brought against cities for accidents involving off-duty police officers driving city vehicles reveals that the coming and going rule is generally applied in those situations to prevent vicarious liability. *318 See Hanson v. Benelli, 97-1467 (La.App. 4 Cir. 9/30/98) , 719 So.2d 627 (refusing to hold city liable for commuting accident where officer had no unique skills that required on-call status); Johnson v. Dufrene, 438 So.2d 1109 (La.Ct.App.1983) (holding city liable for commuting accident where officer had special ski 2003A survey of opinions from other jurisdictions involving negligence cases brought against cities for accidents involving off-duty police officers driving city vehicles reveals that the coming and going rule is generally applied in those situations to prevent vicarious liability. *318 See Hanson v. Benelli, 97-1467 (La.App. 4 Cir. 9/30/98) , 719 So.2d 627 (refusing to hold city liable for commuting accident where officer had no unique skills that required on-call status); Johnson v. Dufrene, 438 So.2d 1109 (La.Ct.App.1983) (holding city liable for commuting accident where officer had special ski | 1 | 2003–2003 |
State v. LaSalle
neutral
2 sentences2003A survey of opinions from other jurisdictions involving negligence cases brought against cities for accidents involving off-duty police officers driving city vehicles reveals that the coming and going rule is generally applied in those situations to prevent vicarious liability. *318 See Hanson v. Benelli, 97-1467 (La.App. 4 Cir. 9/30/98) , 719 So.2d 627 (refusing to hold city liable for commuting accident where officer had no unique skills that required on-call status); Johnson v. Dufrene, 438 So.2d 1109 (La.Ct.App.1983) (holding city liable for commuting accident where officer had special ski 2003A survey of opinions from other jurisdictions involving negligence cases brought against cities for accidents involving off-duty police officers driving city vehicles reveals that the coming and going rule is generally applied in those situations to prevent vicarious liability. *318 See Hanson v. Benelli, 97-1467 (La.App. 4 Cir. 9/30/98) , 719 So.2d 627 (refusing to hold city liable for commuting accident where officer had no unique skills that required on-call status); Johnson v. Dufrene, 438 So.2d 1109 (La.Ct.App.1983) (holding city liable for commuting accident where officer had special ski | 1 | 2003–2003 |
Cross v. BOARD OF REVIEW OF INDUS. COM'N
green
1 sentence1995This court in Cross v. Industrial Commission, 824 P.2d 1202 (Utah App.1992), distinguishing the coming and going rule from its special errand exception, held that the injury the plaintiff suffered when his van exploded into flames as he drove home was not com-pensable. | 1 | 1995–1995 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.