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Interim Personnel of Central Virginia3/1/2002
FROM THE CIRCUIT COURT OF THE CITY OF CHARLOTTESVILLE Edward L. Hogshire, Judge
In these appeals arising from a single action alleging negligent hiring, the dispositive question is whether the trial court erred in ruling that foreseeability was a jury issue.
In November 1998, plaintiff Mildred Lynn Messer was injured when the vehicle she was operating near Charlottesville was struck from the rear. The collision was caused by defendant Ricky Edward East, who was intoxicated and was negligently operating a pickup truck that he had stolen from defendant Alumni Association of the University of Virginia.
Subsequently, the plaintiff filed this tort action seeking recovery for her injuries against East, the Association, and Interim Personnel of Central Virginia, Inc. Interim was a staffing agency that provided temporary personnel to businesses needing light industrial, administrative, and clerical support employees. The only theory of liability against the Association and Interim presented to the jury was negligent hiring.
In a September 2000 trial, the jury found in favor of the plaintiff against all defendants, fixing her compensatory damages at $100,000, plus interest. The jury also awarded punitive damages of $25,000 against East.
Overruling motions of the Association and Interim to set the verdict aside, the trial court entered judgment on the verdict. We awarded separate appeals to the Association and Interim; the judgment against East has become final.
There are very few conflicts in the evidence. If there are disputed facts, we shall consider them in the light most favorable to the plaintiff, according to settled rules of appellate procedure.
At the time of the accident, East was employed by Interim and assigned to the Association to fill the position of "Part-time Building Assistant" at the University's Alumni Hall. According to a job description furnished to Interim by the Association in March 1998, when the Association was seeking a temporary worker, the duties of such an assistant included helping the building supervisor about three hours a day with mail processing and packaging "and delivery to the Post Office." The job description stated that possession of "a valid Virginia driver's license" was required. At all times relevant to this case, East did not have a valid operator's permit.
East had been convicted of driving under the influence of intoxicants (DUI) in May 1990 and in October 1995. Due to those convictions, his license to operate a motor vehicle was suspended. Also, he failed to pay the fines assessed and failed to attend ordered alcohol counseling. In January 1996, the Department of Motor Vehicles (DMV) declared him to be an habitual offender.
In December 1996, East began working for and through Interim after he completed an Interim application form. On the form, East misrepresented that he possessed a valid "Class A" driver's license. At the time, East was interviewed and was given "a series of basic skill tests." Then Interim "check his references," and employed him, assigning him to various employers.
After some time, East left Interim's employ. He returned to work for the agency in September 1998, when he completed another application form that sought current information. Responding to the question on the nine-page form: "Have you ever been convicted of a felony, misdemeanor or any offense other than a minor traffic violation?", East wrote, "child support!" Also, he listed among his work skills "Chauffer" (sic) and "Driver Class A."
During the relevant time period, Interim did not "check criminal background," or request applicants physically
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