A story headed "Experts doubt mom’s lawsuit" in today's Gary Post-Tribune (read it today - Trib stories are not archived) begins with this:
MERRILLVILLE — Indiana law professors are skeptical that the family of Nick James, who was allegedly murdered by convicted serial killer David Maust, can win a negligence lawsuit against the employer who introduced the two.It’s possible, they admit, but would likely be tough in conservative Indiana.
“Such cases of employer liability are rare, but not without precedent,” reflected Indiana University-Bloomington School of Law professor Kenneth Dau-Schmidt.
“They are generally brought under the rubric of negligent hiring,” Dau-Schmidt said.
Dau-Schmidt said a somewhat similar 1986 Illinois case did reap success, but that “Indiana courts are not prone to novel theories, or to rule against employers.” * * *
Tammy McDonald, James’ mother, alleges owner William Hinton knew about Maust’s past, including killing a boy in Germany and in Illinois, but declined to warn vulnerable co-workers, even as her son began riding with Maust to work.
It was public record that Maust had served time in prison and a psychiatric hospital after the killings.
In May, McDonald filed a lawsuit to reap justice in the name of her slain son.
James A. Barnes, also an Indiana University law professor, thinks McDonald might have a “strong argument.”
Barnes said based on general negligence theories, an employer in Hinton’s situation “owed a duty” to employees to disclose background information on Maust, if he knew it.
He said members of society, including employers, “must act in a reasonable way (with knowledge) ... to avoid causing foreseeable harm to other people.”
Barnes said even if Maust’s history was not common knowledge, Hinton had an obligation as an employer to do a check of his history.
But when employers hire convicted criminals, Barnes said, they should be granted a measure of privacy.
“We do need people who are going to give criminals a second chance. Some might argue that if they’ve paid their debt to society,” why resurrect their history when they are trying to improve their lives and make new friends.