| Book Edition | 15th Edition |
| Author(s) | Clarkson, Miller |
| ISBN | 9780357129630 |
| Publisher | Cengage |
| Subject | Business |
Liability for Independent Contractor's Torts.
Dean Brothers Corp. owns and operates a steel drum manufacturing plant. Lowell Wyden, the plant superintendent, hired Best Security Patrol, Inc. (BSP), a security company, to guard Dean property and "deter thieves and vandals." Some BSP security guards, as Wyden knew, carried firearms. Pete Sidell, a BSP security guard, was not certified as an armed guard but nevertheless came to work with his gun (in a briefcase).
While working at the Dean plant on October 31, Sidell fired his gun at Tyrone Gaines, in the belief that Gaines was an intruder. The bullet struck and killed Gaines. Gaines's mother filed a lawsuit claiming that her son's death was the result of BSP's negligence, for which Dean was responsible. (See Liability for Torts and Crimes.)
(a) The first group will determine what the plaintiff's best argument is to establish that Dean is responsible for BSP's actions.
Liability for Independent Contractor's Torts.
Dean Brothers Corp. owns and operates a steel drum manufacturing plant. Lowell Wyden, the plant superintendent, hired Best Security Patrol, Inc. (BSP), a security company, to guard Dean property and "deter thieves and vandals." Some BSP security guards, as Wyden knew, carried firearms. Pete Sidell, a BSP security guard, was not certified as an armed guard but nevertheless came to work with his gun (in a briefcase).
While working at the Dean plant on October 31, Sidell fired his gun at Tyrone Gaines, in the belief that Gaines was an intruder. The bullet struck and killed Gaines. Gaines's mother filed a lawsuit claiming that her son's death was the result of BSP's negligence, for which Dean was responsible. (See Liability for Torts and Crimes.)
(b) The second group will discuss Dean's best defense and formulate arguments to support it.
Liability for Independent Contractor's Torts.
Dean Brothers Corp. owns and operates a steel drum manufacturing plant. Lowell Wyden, the plant superintendent, hired Best Security Patrol, Inc. (BSP), a security company, to guard Dean property and "deter thieves and vandals." Some BSP security guards, as Wyden knew, carried firearms. Pete Sidell, a BSP security guard, was not certified as an armed guard but nevertheless came to work with his gun (in a briefcase).
While working at the Dean plant on October 31, Sidell fired his gun at Tyrone Gaines, in the belief that Gaines was an intruder. The bullet struck and killed Gaines. Gaines's mother filed a lawsuit claiming that her son's death was the result of BSP's negligence, for which Dean was responsible. (See Liability for Torts and Crimes.)
(c) The third group will consider slightly different facts. Suppose that Dean Brothers had an express policy prohibiting all security guards from carrying firearms on its property and that Wyden had told BSP about this policy. Nevertheless, Sidell had brought his weapon to work and then fired it, killing Gaines. Could Dean be held responsible for negligence in that situation? Explain.
