y a sercurity service entered a client's business andstole a blank check. After forging signatures on the check, he successfullycashed it through the tenants bank. The Bank sued the security companyalleging negligent hiring. The security firm defended itself by saying that it had followed it'susual pre-employment procedure and had contacted the individuals pastemployers. The court denied summary judgement saying that because of thenature of its business, the firm was required to exercise greater care (I.E. Beyond what the firms usual practice entailed ) to ascertain whetherpotential security guards possess specific characteristics, such ashonesty, that are required by the nature of the employment. The health care industry is another prime example in which duty of careis increased in regard to hiring and employment. In Joiner vs. MitchellCounty Hospital Authority ( 125 Ga. App. 1, 186 S.E. 2d 307 {1971}, aff'd229 Ga. 140, 189 S.E. 2d 412 {1972}) A negligent hiring claim involved thealleged failure of a hospital's employment procedure in not requiring proofof the physicians qualifications. The plaintiff's spouse was brought to the hospital complaining of chestpains. A hospital physician examined the patient and released him sayingthat the patients condition was not problematic. After arriving home, thepatient's pain intensified. On returning to the hospital the patient died. In her suit against the hospital, the wife claimed that the hospitalfailed to require proof of the physician's professional qualifications andthat simply relying on the fact he was state licensed was not enough. TheGeorgia appeals court agreed, saying that hospitals have an affirmativeduty to conduct independant investigations into a physician's professionalcompetence. Contrasting the negligent hiring issue is that of negligent retention.In Pruitt vs. Pavelin ( 685 P. 2d 1347 { 1984}, a realtor hired an agent tosell its real estate listings. Management ...
