Jackson v. Righter
Supreme Court of Utah
891 P.2d 1387 (1995)
Mrs. Jackson worked for Novell, Inc. (defendant), where Righter (defendant) was her supervisor. The two had an affair during and after business hours, both in and out of the office; when Righter moved to Univel (defendant), Mrs. Jackson transferred with him and the affair continued. Mr. Jackson (plaintiff), her husband, sued Righter for alienation of affection and sued Novell and Univel for vicarious liability and negligent supervision. Righter testified his motivations were purely personal. The trial court granted the companies summary judgment, and Mr. Jackson appealed, arguing the affair was intertwined with Righter's supervisory role.
Whether, generally, an employee's conduct is within the scope of his employment when his motivation for the conduct is personal.