M.J. v. Wisan, 2016 UT 13 (Mar. 23, 2016)

Mar 23, 2016

This lengthy decision arose out of various tort claims brought against the UEP Trust. Among other things, the Court (a) held a trust could be liable for the acts of a trustee acting within the scope of the trustee’s responsibility under the Uniform Trust Act, and (b) endorsed the doctrine of reverse-veil piercing. In a notable departure from a prior case law, the Court also concluded that an employer may be liable under a theory of respondeat superior even when the agent’s conduct occurs away from the work space or outside a work shift under a standard articulated in the Restatement (Third) of Agency § 7.07(2).