Re: [attorney-to-expert] Who is responsible for Amanda's death
- First, what do you mean by "independent contractor."
I think you must be quoting something from the retailer's perspective to the
effect that she was independently contracted thru the security agency and
was not an employee of the retailer.
She certainly was not an "independent contractor" per se.
Guard Pros is in the security business. Whether or not they were told about
the prior death, it seems to me that the risk is obvious and I cannot
imagine why no steps were taken to protect the guards. I see Guard Pros as
significantly liable and I'd want to see what OSHA has to say as there may be some
sort of on the job safety requirement that was not met.
Further, the checking of trailer seals is a common practice - what are other
businesses doing when undertaking an operation like this.
What is the grade like. Could a truck easily roll into the guard?
As for the "threat," that could mean a lot - or absolutely nothing.
Threatening to trash the place is a far cry from smashing a single mom between two
trucks. If he says it was an accident, I'd like to see him polygraphed.
Is the driver a raving loon? Is there a workplace violence history that
could have put the trucking company on notice? Has he smashed things up with
his truck before?
What is the law enforcement take on this thing. Is he being prosecuted for
a crime, or is this a case where litigants seek to manufacture a crime in the
interest of civil liability? I am inclined to suspect the latter since
there is no mention of a criminal prosecution.
In any event, who in their right mind would suspect that an angry truck
driver would murder a woman by smashing her with his truck Having no
justification for that sort of thought, I cannot imagine why anyone would warn her that
he might do that.
I think "foreseeable" is a ridiculous stretch, unless there is a lot more to
Just my .02
Bill E. Branscum, Investigator
PO Box 10728
Naples, FL 34101
(239) 304-1640 Fax
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