Matt Wayne, Of Counsel at CSVL, successfully defended a security enforcement company in an employment-theory based lawsuit stemming from an unsolved homicide at a Nashville condominium complex. The underlying allegations claimed client was negligent in carrying out their security and patrol services, leading to the death of a tenant due to an unrelated third party discharging their firearm. Damages were in excess of 12 million dollars.

After substantial depositions and involvement of local, law enforcement the case unfolded, Matt Wayne successfully argued that under both implied and written contract theories,  that the plaintiff’s claims for negligent hiring, supervision, and training and breach of contract were unfounded. A ruling in Matt’s favor was granted on several grounds, leveraging both contractual and factual defenses, including the following:

1. Unforeseeable acts: Matt argued the security company could not be held responsible for the crime since it was unforeseeable. This implied that the company didn’t owe a duty of care to prevent such an incident.

2. Contractual compliance: The defense contended all contractual obligations were fulfilled, implying there was no breach on the part of the security company.

3. Employee fitness: Matt asserted a lack of evidence the security employees were unfit for their roles, refuting claims of negligence in hiring and training.

4. Lack of special relationship. Facts and Tennessee legal precedent supported the argument the tenant and the security company, beyond the scope of their contractual duties, lacked any special relationship leading to a duty.

The client was overjoyed with the outcome. If you or your company face claims or even a lawsuit based on contractual, site security, or employment theories, a vigorous and detailed defense is needed. Contact Matt Wayne for assistance or to discuss.