Graves v. N. E. Servs., Inc., 2015 UT 28 (Jan. 30, 2015)
This case involves allegations of negligence in the hiring, training, and supervision of employees at a business providing services to the disabled, which resulted in the sexual assault of a minor by one of the defendant’s employees. The Utah Supreme Court’s ruling on an interlocutory appeal from the denial of a defense motion for summary judgment is significant in two respects. First, the court adopted Section 317 of the Restatement (Second) of Torts, which recognizes a “special relationship” basis for a duty of an employer to exercise reasonable care in preventing an employee from acting outside the scope of employment in “intentionally harming others.” Second, the court held that Utah’s comparative negligence regime calls for apportionment of responsibility for intentional torts.