A lawsuit against Unified Police Department Officer Ethan Andrus over a 2020 emergency-response crash can move forward after the Utah Court of Appeals reversed a lower court's dismissal.

The Friday, Sept. 11, ruling found multiple disputes of material fact about whether Andrus used proper lights and sirens before running a red light and striking a civilian truck in West Jordan. UPD provides contract law enforcement for Millcreek and eight other Salt Lake County communities.

The collision happened Aug. 4, 2020, at the intersection of 7000 South and 1300 West. Andrus was one of three UPD officers heading southbound on 1300 West to deploy spike strips during another agency's vehicle pursuit. Two officers had already passed through the intersection with lights and sirens on. The second officer slowed to a near-stop before proceeding, according to the court opinion.

Armando Ayala, driving eastbound on 7000 South with passenger Ashlie Mauger, believed the emergency vehicles had cleared the intersection. A large dump truck blocked their view of southbound traffic. Andrus entered the intersection against a red light and struck Ayala's truck.

Andrus admitted his view of eastbound traffic was also obstructed.

Andrus had his emergency lights on and claimed his siren was activated. Both Ayala and Mauger testified they never heard a siren from his vehicle. The officer traveling directly ahead of Andrus said he "couldn't hear over [his own] siren" and could not confirm whether Andrus's was on.

The accounts conflict.

Ayala and Mauger sued UPD and Andrus for negligence. UPD sought summary judgment under the Governmental Immunity Act of Utah, arguing Andrus had followed all applicable requirements. The Third District Court granted that motion in a single-sentence ruling without oral argument.

The Court of Appeals, in an opinion by Judge Amy J. Oliver with Judges Gregory K. Orme and Michele M. Christiansen Forster concurring, disagreed. The panel found UPD never proved Andrus's lights met the type required by state statute or that his siren met the legal standard of being audible from at least 500 feet.

The court also pointed to UPD's own disciplinary finding. A department report found Andrus violated two UPD policies: one requiring officers to reduce speed at intersections enough to maintain complete control of the vehicle, and another requiring them to slow to no more than 10 mph before proceeding through a red light.

The court found that internal disciplinary record precluded any conclusion that Andrus drove reasonably as a matter of law, citing the Utah Supreme Court's precedent in Clegg v. Wasatch County.

ABC4 first reported on the ruling Monday, Sept. 14. UPD has not publicly commented on the decision. No date has been set for further proceedings in the Third District Court.

Residents can reach UPD's Millcreek Precinct at 385-787-0468.