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Interim Personnel of Central Virginia3/1/2002
to produce a valid operator's license. Also, it "did not request a copy of East's DMV record."
In March 1998, an official of the Association had contacted Interim's Sales Manager to discuss filling the part-time building assistant position, presenting the job description to him. Later, in September 1998, the Association official asked Interim to send an individual who met the job qualifications. Interim's Sales Manager responded that East was qualified, stating that East "had a good driving record." Interim had found East to be a good employee ; he had not been involved "in any type of accidents," had never "shown up drunk on the job," and had generated no complaints "from any employer about his activities while working."
On September 22, 1998, Interim sent East to be interviewed by the Association official. Under the arrangement with Interim, the Association had the right to accept or reject East. During the interview, the official discussed with East the hours to be worked and his duties, handing him a copy of the job description. East said that he could perform the duties. The official did not ask East to produce a driver's license, relying on Interim to verify that he was a licensed driver. No one at the Association asked East if he possessed a valid driver's license. East admitted he concealed from Interim and the Association that he did not have an operator's license because he wanted a job.
The Association accepted East as a worker. During the two months before the accident, the Association found East to be "an excellent employee ." His work included use of a copying machine, a mailing machine, and recycling equipment. His driving duties involved only travel to and from a post office "less than a mile" from the Association building.
On November 25, 1998, the Wednesday of Thanksgiving week, East was told to keep a key to the Association building because his supervisor was on vacation. He was instructed to lock the building before the holiday and to reopen it the following Saturday. The Association was closed for business on November 25 and November 26, the day of the accident.
Because he had access to the building, East was able to procure a key to the truck he routinely operated. On Wednesday, East, age 40, "took the truck" without permission, traveled to Richmond, and returned to his Charlottesville home on Friday, when he began drinking beer and "riding around" in the truck. During the day, he consumed about eight quarts of beer, and eventually drove the truck into the rear of a stopped vehicle that struck the rear of the plaintiff's stopped vehicle. Subsequently, East pled guilty to petit larceny of the truck.
At trial, the court submitted the case against Interim and the Association to the jury with instructions on negligence, proximate cause, negligent hiring, foreseeability, and damages. On appeal, the plaintiff, referring to the established elements of the independent tort of negligent hiring, contends she presented ample evidence to support "each element" against both Interim and the Association.
As we recently have stated, the cause of action for negligent hiring "is based on the principle that one who conducts an activity through employees is subject to liability for harm resulting from the employer 's conduct if the employer is negligent in the hiring of an improper person in work involving an unreasonable risk of harm to others." Southeast Apartments Mgmt. v. Jackman, 257 Va. 256, 260, 513 S.E.2d 395, 397 (1999).
Liability for negligent hiring is based upon an employer's failure to exercise reasonable care in placing an individual with known propensities, or propensities that should have been disc
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