Parties involved in the case are the Ponticas Couple who resided in an apartment complex owned by KMS Investments.
Stephanie Ponticas requested the help of Dennis Graffice, the apartment resident manager, on September 8th, 1978, to fix a problem with an appliance. Graffice observed that Ms. Ponticas was alone and learned that her husband was traveling on business. On September 10th, he entered the property and brutally raped and assaulted Ms. Ponticas. Graffice was eventually caught and found guilty of his offense.
The Plaintiff alleges that the Defendant, KMS Investments, acted negligently by hiring an individual with a criminal and violent history without properly scrutinizing his references or carrying out an adequate background check. The lawsuit is aimed at the hiring practices of KMS Investments, the managing body responsible for the Plaintiffs' residence. Although KMS claims to have conducted a background check, it failed t
...o provide relevant information about Dennis Graffice's criminal past and violent tendencies, as well as public knowledge of them.
The court is currently deliberating whether KMS Investments was negligent in hiring a convicted felon without conducting proper background checks, despite the candidate's history of violence. The outcome will determine if businesses are liable for their employees' actions, particularly those with criminal records. To rule in favor of the plaintiff, the court must determine if KMS properly assessed the candidate's qualifications and background prior to employment. However, KMS failed to conduct further investigation into the individual's past despite their acknowledgement of previous convictions. As a result, an unqualified person was given a position that would not have been justified under normal circumstances.
The appellate stages confirm that KMS investments displayed negligence by failing to carry ou
an appropriate background check. When a person can move around other people's property and private spaces freely within their job, a thorough investigation is necessary. The Justice repeats that the jury concluded KMS was negligent by not correctly identifying Dennis Graffice. If a credible background check had been conducted, and no evidence found, then KMS could claim the employee had no background, and there was no reason not to hire them. However, since there was no trustworthy background check, important flaws in Dennis Graffice's character were missed. KMS hurriedly hired the second candidate for the position without properly checking the individual's qualifications and character for a job requiring good character.
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