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Employer Held Liable for Negligent Hiring
When apartment complex operator Mark Wilton needed help with security on his property, he hired David Rodriguez as a guard. Described as a "tough man," Rodriguez had previously served a prison term for voluntary manslaughter. He also didn't get along well with the residents at the complex.
According to some residents, while he was on the job, Rodriguez carried a variety of loaded guns, abused methamphetamine and physically threatened them - sometimes with a gun. The tenants complained to Wilton that Rodriguez was dangerous and that he frightened them and their children.
In May 2003, while standing on a sidewalk outside the apartment complex, Rodriguez shot tenant Michael Hawkins and was later convicted of attempted murder. Hawkins then sued Wilton, claiming that the apartment complex negligently employed an unfit worker and was liable for the shooting.
In turn, Wilton argued that the apartment owners shouldn't be held liable because the shooting took place on the sidewalk and because Hawkins voluntarily socialized with Rodriguez.
The court ruled, "An employer who allowed such conduct by a manager or security guard would not be insulated from liability simply because the tenant chose to socialize with the employee, or simply because the shooting took place on the sidewalk outside the apartment complex. The employer of a security guard may be liable for the guard's assaults if the employer negligently hired the guard or negligently placed him in a position to commit foreseeable harmful acts."
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(Source: http://www.lawroom.com)
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