D.D.Z. v. Molerway Freight Lines, Inc
In D.D.Z. v. Molerway Freight Lines, Inc., 880 P.2d 1, 5 (Utah Ct. App. 1994), the court of appeals reviewed whether an employer was vicariously liable for the sexual assault and battery committed by an employee. See D.D.Z., 880 P.2d at 4-5.
In its review, the D.D.Z. court recognized that under Utah law, an employer is vicariously liable for the acts of its employees when those acts are committed within the scope of employment and that the determination of scope of employment is generally a question of fact. See id.
The D.D.Z. court also stated the three criteria on which Utah cases focus to determine whether an employee is acting within the scope of employment. See id. at 4.
Additionally, the D.D.Z. court recognized the general rule that some conduct is so clearly outside the scope of employment that the trial court may decide the question as a matter of law. See id. at 5.