Charge of fourth degree burglary

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Two employees delivered a new washing machine to the home of an 80-year-old widow. The deliverers were in the home for about thirty minutes and were unobserved for part of this time. After they left, the woman discovered that some cash and jewelry were missing. Some but not all of the jewelry was subsequently recovered from the delivery persons. Prior to being em- ployed by the delivery company, one of the de- liverers had pled guilty to a charge of fourth degree burglary with the intention to commit theft from a dwelling. The delivery company did not interview or otherwise check the background of the delivery person with the criminal record. The woman sued the delivery company for damages stemming from the theft of her posses- sions. What should the court decide? Why? (Schecter v. Merchants Home Delivery, 892 A.2d 415 (DC App. 2006))

Reference no: EM131006736

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