Clark v. Pangan
Utah Supreme Court
1Opinion of the Court
RUSSON, Associate Chief Justice:
¶ 1 This case is before us on certification from the United States District Court for the District of Utah Central Division. The federal court has asked this court to rule on the following two questions of Utah law:
As a matter of Utah state law is it possible for the intentional tort of battery to be within the scope of a person’s employment, and if it is possible for battery to be within the scope of one’s employment, what test is to be employed to determine whether the battery was within the scope of employment.
BACKGROUND
¶ 2 In July 1996, Clark and Pangan…
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