Pusey v. Bator
Supreme Court of Ohio
762 N.E.2d 968 (2002)
Relevant factsFree
Greif Brothers (defendant) hired Bator (defendant) as an armed independent-contractor security guard to protect its property, giving him only minimal instructions to periodically check the parking lot; Bator shot and killed a trespasser, Pusey, during a confrontation, and Pusey's mother (plaintiff) sued both Bator and Greif Brothers for wrongful death. Bator settled, but the trial court granted a directed verdict for Greif Brothers, and the appellate court affirmed.
IssueFree
Whether an employer is vicariously liable for injuries caused by the weapon of an armed security guard hired as an independent contractor to protect the employer's property.