question archive Dean Brothers Corp
Dean Brothers Corp
Subject:BusinessPrice:2.87 Bought7
Dean Brothers Corp. owns and operates a steel drum manufacturing plant. Lowell Wyden, the plant superintendent, hired Best Security Patrol, Inc. (BSP), 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 plan on October 31, 2014, Sidell fired his gun at Tyrone Gaines, in the belief that Gaines was an intruder. The bullet struck and killed Gaines. Gaine's mother filed a lawsuit claiming that her son's death was the result of BSP's negligence, for which Dean was responsible. What are the plaintiff's (Gaine's mother), best arguments to establish that Dean is responsible for BSP's actions? What are the defendant's (Dean) best defense arguments?
Purchase A New Answer
Custom new solution created by our subject matter experts
GET A QUOTE
Answer Preview
Answer:-
The plaintiff's best argument that Dean is responsible for BSP's is that BSP is responsible under a theory of vicarious liability and respondeat superior.In other words BSP should be liable under an " agency" theory as BSP/Sidell's negligent discharge of his firearm should be imputed on Dean.
Dean's best argument is that BSP is an independent contractor and Dean doesnt exercise any discretion under how BSP performs its duties.Accordingly an independent contractor is liable for its own negligence and it should not be imputed vicariously to Dean.
Alternatively Dean could also argue that Sidell was operating outside the scope of his authority and accordingly Sidell's behaviour should not even be imputed towards BSP
