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. Dean Brothers Corp. (DBC) owns and operates a steel drum manufacturing plant.

ID: 454535 • Letter: #

Question

. Dean Brothers Corp. (DBC) owns and operates a steel drum manufacturing plant. Lowell Wyden, the plant superintendent, hired Best Security Patrol, Inc. (BSP), a security company, to guard DBC property and to “deter thieves and vandals.” In addition, Wyden hired his son-in-law, David, as DBC Chief of Security. Some BSP security guards and David, as Wyden knew, carried firearms on the job. Pete, a BSP security guard, and David were working late one Saturday night when they observed two men, Jake and Phil, two steel workers that were knew to DBC were leaving the premises after a late shift. Not recognizing the two men, both Pete and David drew their firearms and fired at the suspected intruders. Pete’s shot hit Jake severely injuring him. David’s shot struck Phil in the neck killing him instantly. Jake files a Negligence lawsuit for his injuries against BSP and DBC. Phil’s mother also files a claim against DBC claiming that her son’s death was a result of DBC’s negligence..

As to Jake’s claim, what is the best argument that DBC is responsible for BSP’s actions and alternatively, what is DBC’s best defense?

As to Phil’s mothers claim, what is the best argument that DBC is liable? What is the best argument that DBC is not liable?     

Explanation / Answer

As to Jake’s claim, what is the best argument that DBC is responsible for BSP’s actions and alternatively, what is DBC’s best defence?

DBC is not liable because it was not a planned attack and happened due to suspicious condition

As to Phil’s mothers claim, what is the best argument that DBC is liable? What is the best argument that DBC is not liable?

DBC is not liable because the situation is not a negligence it happened by mistake and that too happened because of lowlight and less visibility during night