Steele, Inc. operated a metal casting plant. Bruce Willis, foreman, contacted and contracted with Surety Security Services, LLC. (SSS), a security company, to manage security around the plant and to deter theft and vandalism. Some SSS security guards, as Willis knew, carried firearms. Dwight Erin was a security guard for SSS, but was not a certified armed guard. Nevertheless he took his gun to work, in a briefcase. One night, while working at the plant, Erin fired his gun at Darrell Newhart, (a mechanic present to work on plant machinery) under the belief that Newhart was an intruder. The bullet struck and killed Newhart. Newhart's mother filed a suit against Steele and others, alleging in part that her son's death was the result of SSS's negligence, for which Steele was responsible. Steele filed a motion for a directed verdict.

Instructions:

• Review the above fact-scenario and consider the concepts and principles discussed in Chapters 9 & 10 and then post your responses to the following questions:
  • What is the best argument for the plaintiff that Steele should be held liable? What is Steele's best defense?
  • If you were the judge on the case, how would you resolve it?