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Wise v. Complete Staffing Services, Inc.

The general negligent hiring rule is aimed not at avoiding a general propensity for bad acts, but to protect the public and fellow employees from workers who are unsafe or dangerous on the job; that the employer undertook a criminal background check did not create a duty to perform the check non-negligently.

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OPINION

McKinley and Yolanda Wise appeal from a take-nothing summary judgment rendered in their suit against Complete Staffing Services, Inc. (Staffing). They sued, alleging that McKinley, while working at Mrs. Baird’s Bakery, was attacked and severely injured by a temporary worker, Meredith Turner, who had been provided by and was actually employed by Staffing. McKinley Wise (Wise) was a supervisor at Mrs. Baird’s, and Staffing provided Turner to Mrs. Baird’s to do unskilled manual labor. Wise alleged that Staffing was negligent and grossly negligent in employing Turner because it did not sufficiently investigate his criminal background, and that Staffing had a “special relationship” with Turner and failed to adequately supervise his activities and adequately check his credentials. Wise also alleged that because of the special relationship with Turner, Staffing had a duty to discover and warn Mrs. Baird’s about Turner’s criminal background.

Wise also alleged negligence per se based on an application of Section 44.13(29bb)(the Private Investigators and Private Security Agencies Act). Tex. Occ. Code Ann. � 44.13. *fn1 The petition does not specify which of the act’s fifty subsections was alleged to apply. Wise also sought recovery for Yolanda Wise’s loss of consortium.

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