Dennis Graffice Case Summary

Parties: Plaintiff: The Ponticas Couple The Ponticas’ resided in an apartment complex owned by KMS Investments. On September 8th, 1978, a Stephanie Ponticas called upon the apartment resident manger to fix an appliance problem—a Dennis Graffice. Graffice noticed that Ms. Ponticas was alone and noted her husband was away on business, and on September 10th, entered into the property and violently raped and assaulted Ms. Ponticas. Graffice was later apprehended and convicted of his crime. The Plaintiff then looked towards the residing hiring body, to quell the questions of faulty and negligent hiring practices. The Ponticas declare that KMS investments acted negligently by hiring an individual with a history of crime and violent actions.
Defendant: KMS investments The defendant is the managing body that oversees the property that the plaintiffs lived in.
The lawsuit brings to question the negligent actions in hiring a convicted felon. KMS notes it conducted a background check but failed to act upon references or use a background check to provide any relevant information. The background check offered no relevant information and failed to even shed light on public knowledge, and a history of violent actions-in regards to Dennis Graffice.

Issue: The question in front of the court is to determine whether the defendant acted in negligence by not adhering to a relevant background check, and hiring a convicted felon, with a history of violence. The outcome of the case will determine the need to conduct a valid reliable extensive background check, and whether or not a Business should be held accountable for the actions of employees, be that they have been hired after being convicted felons. The court must decide--in order to side with the plaintiff-- whether or not the employer improperly checked the qualifications and background before the hire date. In the case of KMS Investments, having a convicted felon who acknowledges that he has been convicted should create the need to adhere to further investigations. KMS failed to properly conduct a proper hire, it acted hastily and allowed an individual with glaring flaws to be put into a position where on sound circumstances would not have taken place.
Decisions: It would seem that even in the appellate stages the outcome is that KMS investments acted with negligence by not conducting a relevant background check. It would seem that with a position that includes the ability to freely move within the confines of others property and private areas, a more complete investigation would be in order for an individual attempting to be hired into that position. The Justice reiterates that the jury that deemed KMS acted in negligence by not properly identifying who Dennis Graffice was. It would have been a different situation if a credible background check was preformed, and no evidence was found, then the same actions took place. In that sense, KMS could say that the employee had no background, and they had no cause for alarm to not hire, in this case since no credible background check was preformed, glaring flaws into the character of Dennis Graffice were not found. KMS acted in haste to hire the second candidate to fill the position, and neglected to allow for a suitable check in to the qualifications and character of an individual with certain privileges where good character would be required.