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 the 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 took his gun to work. 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.

1. The first group will determine what the plaintiff’s best argument is to establish that Dean is responsible for BSP’s actions.

2. The second group will discuss Dean’s best defense and formulate arguments in support of it.

3. The third group will consider slightly different facts. Suppose that Dean Brothers had an express policy that prohibited all security guards from carrying firearms on its property, which Wyden had conveyed to BSP. Despite knowing about this policy, Sidell had brought his weapon to work, and then fired it, killing Gaines. Could Dean be held responsible for negligence in that situation? Explain.