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Christensen v. Swenson | 874 P.2d 125 (1994)
Gloria Swenson was involved in an auto accident with Jeff Christensen on her lunch break. Was Swenson’s employer liable for her negligence? Possibly, said the Utah Supreme Court in Christensen versus Swenson.
Swenson worked as a security guard for Burns International Security. Swenson worked eight-hour shifts with occasional unscheduled breaks of ten to fifteen minutes. Swenson claimed that part of her job as a security guard was to be seen in uniform around the plant. The Frontier Café was across the street from Swenson’s post. Guards occasionally ordered lunch from the café, as it was the only place close enough to get to during their short breaks, and they were expected to eat at their posts.
On July 26th, 1988, Swenson ordered lunch from the café. She drove to the café to pick up her order, intending to return to eat at her post. But on her way back, she collided with Christensen’s motorcycle at an intersection, injuring Christensen.
Christensen sued Swenson and Burns for negligence. Burns moved for summary judgment, claiming that it wasn’t liable because Swenson wasn’t acting in the scope of her employment when the accident happened. The trial court granted Burns’s motion. The court of appeals affirmed, and the Utah Supreme Court granted cert.
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