Rick Morefield obtained summary judgment on behalf of his client South Metro Fire Protection District in the case of Holmes  v. South Metro Fire Protection District  and Phillip Brillhart.  The Jackson County Circuit Court entered summary judgment on February 19, 2010, just a few days before trial was set to begin.  The plaintiff alleged she had been sexually abused by Phillip Brillhart, her uncle, from the time she was three years old until she was 17 years old.  Brillhart was hired by South Metro Fire Protection District when the plaintiff was approximately 12 years old and after the abuse had allegedly continued for approximately 9 years.  Brillhart allegedly continued to abuse the plaintiff after he went to work at South Metro Fire Protection District.  Plaintiff sued defendant Phillip Brillhart for the sexual abuse. He had previously pled guilty and served a prison sentence for the abuse. The plaintiff also sued South Metro Fire Protection District alleging that the fire district was negligent in hiring, retaining and supervising Brillhart and she alleged that her injuries were a result of the actions of South Metro.  Morefield represented only South Metro Fire Protection District in this case.  Brillhart was not represented by counsel.

Morefield successfully argued that South Metro Fire Protection District was not responsible for plaintiff’s sexual abuse, and it had no basis to believe the abuse was occurring.  Plaintiff testified that Brillhart abused her in a wide variety of situations including family gatherings.  Plaintiff’s expert admitted under cross examination that the abuse would have continued even if Brillhart had been fired by South Metro Fire Protection District.  The court ruled that plaintiff failed to establish that South Metro Fire Protection District was negligent or that its actions caused injury to plaintiff.  Plaintiff will be permitted to proceed with her claims against Brillhart, the actual abuser.

In Missouri, an employer can be liable for negligent hiring or negligent retention only if the plaintiff succeeds in showing that: (1) the employer knew or should have known of the employee’s dangerous proclivities and (2) the employer’s negligence in hiring or retaining the employee was the proximate cause of plaintiff’s injuries. Moreland v. Farren-Davis, 995 S.W.2d 512, 517 (Mo. App. 1999); Butler v. Hurlbut, 826 S.W.2d 90, 92 (Mo. App. 1992).  Plaintiff failed to meet either of these requirements.

For further information about negligent hiring and retention issues in Missouri, contact Rick Morefield.