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Negligent Hiring Cases - Summaries
In 1979 an Indianapolis County Circuit Court awarded a couple $800,000 in damages. Award was against the company for negligent hiring and retention of an employee who posed a hazard to other employees. The perpetrator raped a female Avis employee. The company did not complete a background investigation.
(1979) Second of two suits for rape. Perpetrator raped a female Avis employee. Verdict of negligent hiring and retention of employee by Avis. The company did not complete a background investigation.
In 1975 a Montgomery County Circuit court awarded $13,000,000 in damages to a man whose wife was raped and murdered by an employee of National Service Industries dba Certified Furniture Leasing Corp. Liability was split between the employer and Investor's Funding Corp. of New York which owned the apartment complex. Verdict was based on negligent hiring.
In 1986 the Illinois Appellate Court awarded $4,000,000 to a woman who was raped by an employee of B&L Motor Freight. His employment application indicated he had no prior criminal convictions, while in reality he had. Court ruled the employer had a general duty to check criminal records for employees who will have interface with the public, or who could have a foreseeable opportunity to commit a violent sex crime against someone in the course of their employment.
A Colorado Federal Court allowed a secretary to sue her employer for negligently hiring a janitor who abducted and raped her on company premises. The janitor had a prior record. The firm did not complete a background check.
The perpetrator was found guilty of a sex assault in 1981. Subject had previous arrests back to 1976 including an attempted rape. In 1977 he had been sentenced for a crime of sex and assault. The award was settled out of court for an employee raped by the janitor. He had been employed by a janitorial service that had been fired by the shopping center as an independent contractor. Plaintiff sued, alleging the center was negligent in hiring an employee who had a prior sex assault conviction. The store did not complete a background check.
$12,000,000 suit pending. An American Airlines agent bit a passenger trying to board a plane without a pass. Agent tested positive for AIDS. Would-be passenger sued the airline for $12,000,000 for negligently hiring someone with a deadly virus who was also violent.
Suit brought against Shell Oil Co. and a gas station for the murder of a customer by a gas station attendant. Court held that Shell Oil was not liable because the employee charged with the fatal shooting was an employee of the gas station, not Shell. The gas station paid the $100,000 settlement.
A janitor employed with Motor Hotel Management stabbed a female who was living in the motel. He had been arrested previously 16 times on assault behavior. Plaintiff accepted $3,000,000 settlement from the Motor Hotel. A background investigation was not completed.
Claim on negligent hiring brought by tenant against the Housing Opportunities Commission of Montgomery County for damages resulting from a sexual assault. The tenant was raped by a housing inspector employed by HOC. HOC failed to complete a background investigation. The perpetrator had previous convictions of robbery and assault and at the time was under indictment for rape.
The parent corporation was ordered to pay $5,000,000 for rape and murder of a 15-year old female by the housing corporation's maintenance person. The perpetrator had previously been convicted of murder of a female. GIH did not complete a background investigation.
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