A man was hired as a team leader at a fast-food restaurant and shortly thereafter made a

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A man was hired as a team leader at a fast-food restaurant and shortly thereafter made a night manager. The man had two felony convictions, one in Indiana related to the delivery of crack cocaine and the other in Texas for failing to pay child support. The drug conviction occurred nine years prior to his hiring, whereas the failure to pay child support conviction happened right before he sought employment at the restaurant. The convictions were not discovered when the man was hired because the restaurant, for cost reasons decided to limit the check of criminal records to one county only (a wider search including Indiana would have cost $35, rather than the $11 they paid for the single county search). The manager conspired with another person to rob his own store and split the proceeds. On the evening of the robbery, he devised an excuse to leave the store before the money in the registers had been put in the safe. The store was left in the hands of a mentally disabled employee who had worked there for fourteen years. The schemers did not anticipate that this employee would put the money from the registers away in the safe. When the other robber entered the store through the drive-in window and found the registers empty, he ordered the employee to open the safe. After the employee repeatedly said that he didn’t have the combination to the safe, the robber shot and killed him. The manager’s role in the robbery came to light shorty thereafter. Is the restaurant liable for negligently hiring an unfit manager? Why or why not?

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