Liability of Principals and Independent Contractors

Greif Brothers Corp., a steel drum manufacturer, owned and operated a manufacturing plant in Youngstown, Ohio. In 1987, Lowell Wilson, the plant superintendent, hired Youngstown Security Patrol, Inc. (YSP), a security company, to guard Greif property and "deter thieves and vandals." Some YSP security guards, as Wilson knew, carried firearms. Eric Bator, a YSP security guard, was not certified as an armed guard but still took his gun in a briefcase to work. While working at the Greif plant on August 12, 1991, Bator fired his gun at Derrell Pusey, in the belief that Pusey was an intruder. The bullet struck and killed Pusey. Pusey's mother filed a suit in an Ohio state court against Greif and others, alleging in part that her son's death was the result of YSP's negligence for which Greif was responsible. Greif filed a motion for a directed verdict. What is the plaintiff's best argument that Greif is responsible for YSP's actions? What if Greif's best defense? Explain.

Remember to justify your answer using information from your Reading and be sure to:

Discuss the elements of independent contractor.

Discuss whether or not an employer would be liable for the torts/criminal acts of an independent contractor.