Mann v. Wadsworth
In Mann v. Wadsworth, 776 P.2d 926 (Utah 1989), the appellant sued a law firm and its client for malicious prosecution in bringing a conspiracy suit against the appellant. The law firm was dismissed from the action and a judgment was rendered in favor of the client.
On appeal, the appellant asserted error as to the dismissal of the law firm.
The court said that the firm's "liability under respondeat superior is vicarious, it does not exist apart from the client's liability. The jury held the client not liable, and the same result must, therefore, also obtain for the law firm." Id. at 928-29.