Foster v. Salt Lake County

STEWART, Justice:

Defendant Salt Lake County appeals from a summary judgment of the Third District Court that it is liable to pay a $150,000 judgment won by plaintiffs Foster and Ewing against David Mac Kelly, a former employee of the County.

Kelly was a Salt Lake County Deputy Sheriff to whom the County assigned a patrol car for use on a 24-hour-a-day, seven-day-a-week basis — both on and off duty. At approximately 11:00 p. m. on January 26, 1978, Deputy Kelly, while driving the patrol car, collided with a pedestrian, Jeffrey Adrian Ewing, plaintiffs’ sixteen-year-old son. Ewing died almost…