Reference no: EM133045947

Navarete v. Naperville Psychiatric Ventures, 968 N.C.2d 82 (Ill. Sup. Ct. 2012)

Case Questions

1. What was the legal issue in this case? What did the Illinois appeals court decide?

2. Look at the "Elements of a Claim" feature for negli-gent hiring cases. See if you can tease out the facts of this case that correspond to each of the elements of a negligent hiring claim. Which of these elements are readily established in this case and which are more open to question? Why?

3. What reasoning does the appeals court use in reach-ing its decision? Why were the three cases cited by the defendants not deemed persuasive?

4. What is an appropriate background check for a job like this? Should evidence of criminal history auto-matically disqualify a job candidate, regardless of the nature of the offense? What other tools, besides more careful screening of job candidates, were available to the facility to prevent this type of harm to patients?

5. Do you agree with the appeals court's decision? Why or why not