A 15-year-old from a residential facility for troubled teens was traveling on a Greyhound bus. The driver of the bus conversed with the young woman during the trip. At a stop where the driver was scheduled to go off duty for eight hours of rest, as required by law, the driver told the young woman that she would have to come to his motel room to obtain a pass enabling her to reboard the bus. In the room provided to the driver by the bus line, the young woman was sexually assaulted. The driver eventually pled guilty to sexual imposition and was sentenced to prison. The driver had been hired five years ear- lier. He had denied any criminal history on his application form. In fact, he had been convicted of criminal sexual conduct with a minor in 1980. Greyhound's criminal background check covered the years of 1987-1997 and did not discover the earlier conviction. A suit was brought against the company on behalf of the young woman.

What should the court decide? Why? (Cromp v. Greyhound Lines, 2003 U.S. Dist. LEXIS 22921 (D.N.D.))