Opinion
Case No. 20060233-CA.
Filed February 23, 2007. (Not For Official Publication).
Original Proceeding in this Court.
David E. Yocom and T.J. Tsakalos, Salt Lake City, for Petitioner.
Alan L. Hennebold and Brian D. Kelm, Salt Lake City, for Respondents
Before JUDGES BENCH, ORME, and THORNE.
MEMORANDUM DECISION
After hearing arguments in this case, we determined to stay further consideration of the County's petition pending issuance of the Utah Supreme Court's opinion in Salt Lake City Corp. v. Labor Commission, case no. 20050774. That opinion has now issued, see Salt Lake City Corp. v. Labor Comm'n, 2007 UT 4, 569 Utah Adv. Rep. 17, and compels denial of the petition and affirmance of the Labor Commission's order. Indeed, Officer Ross's residence in another county and the presence of her infant in the vehicle, see id. at ¶¶ 5, 9, made her even less available to respond to an emergency than respondent Alexander would have been in the instant case. This is more than enough to offset the only other significant factual difference between the two cases, namely that Alexander drove an unmarked police vehicle. While "increased police visibility" was among a host of benefits to the municipality mentioned by the Supreme Court, id. at ¶ 24; see id. at ¶¶ 6, 26, in no sense was it the pivotal one.
Affirmed.
WE CONCUR: Russell W. Bench, Presiding Judge William A. Thorne Jr., Judge