Question
Dean Brothers Corporation (Dean) owns and operates a steel drum manufacturing plant. Lowell Wyden, the plant superintendent, hired Best Security Patrol, Inc. (BSP) a security
Dean Brothers Corporation (Dean) owns and operates a steel drum manufacturing plant. Lowell Wyden, the plant superintendent, hired Best Security Patrol, Inc. (BSP) a security company, to guard Dean property and "deter thieves and vandals." Some BSP security guards, as Wyden knew, carried firearms. Pete Sidell, a BSP employee was not certified as an armed security guard but nevertheless came to work with his gun (in a briefcase).
While working at the Dean plant 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. Gaines's mother filed a lawsuit claiming that her son's death was the result of BSP's negligence, for which Dean was responsible.
Question: Suppose that Dean had an express policy prohibiting all security guards from carrying firearms on the property and the Wyden had told BSP about this policy. Nevertheless, Sidell had brought his weapon to work and fired it, killing Gaines. Could Dean be held responsible for negligence in that situation? Explain.
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