Westland Industries NOT Responsible for Hiring Erratic Security Guard

January 1, 2003

A convenience store clerk at A&D Mini Mart sued Westland Industries, Inc., represented by Robert Clayton, Gina E. Och and Holly Boyer, after the store's security guard allegedly assaulted him by pointing a gun at his chest. The store clerk alleged that Westland negligently hired and retained a "dangerous" security guard with "violent propensities" and a "bad temper". The clerk also claimed that he had suffered sever mental anguish because of the incident and had to seek medical treatment as a result. In addition to his mental distress, plaintiff also claimed that he was unable to work and suffered loss of earnings.

Contrary to plaintiff's allegations, R.Z.P. Security Patrol employed the security guard, not Westland Industries, Inc. Westland argued that it could not be liable for the negligent hiring and retention of the security guard because the security guard was never its employee; Westland did not own R.Z.P. Security Patrol; and Westland did not provide security services for A&D Mini Mart. Westland simply owned the building where A&D's Corporate Offices were located. Also, the facts clearly illustrated that Westland did not own or control the premises; thus, it argued that it could not be liable for the intentional acts of third parties.

The court concluded that Westland's evidence was sufficient to shift the burden of proof as to the allegations, including employment and ownership issues, ruling in favor of Westland.