Dean Brothers Corp. (DBC) owns and operates a steel drum manufacturing plant. LowellWyden, the plant superintendent, hired Best Security Patrol, Inc. (BSP), a security company, toguard DBC property and to "deter thieves and vandals." In addition, Wyden hired his son-inlaw,David, as DBC Chief of Security. Some BSP security guards and David, as Wyden knew,carried firearms on the job. Pete, a BSP security guard, and David were working late oneSaturday night when they observed two men, Jake and Phil, two steel workers that were knew toDBC were leaving the premises after a late shift. Not recognizing the two men, both Pete andDavid drew their firearms and fired at the suspected intruders. Pete's shot hit Jake severelyinjuring him. David's shot struck Phil in the neck killing him instantly. Jake files a Negligencelawsuit for his injuries against BSP and DBC. Phil's mother also files a claim against DBCclaiming that her son's death was a result of DBC's negligence.
As to Jake's claim, what is the best argument that DBC is responsible for BSP's actions andalternatively, what is DBC's best defense?As to Phil's mothers claim, what is the best argument that DBC is liable? What is the bestargument that DBC is not liable?