Mavrex, Inc. received a job application from Larry and, since his written qualifications seemed to meet a pressing current need, they hired him without checking his references or prior records. Actually, Larry had been in prison for murder several years prior. Tom, a long-time Mavrex employee, angered Larry when Tom tried to tell Larry how to do his job. Larry attacked and injured Tom. If Tom sues Mavrex, what would his cause of action be, and what elements would Tom need to prove to win his case?