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QUESTION 4 – 9 Points Zenith Cleaning Services, Inc. is in t…

QUESTION 4 – 9 Points Zenith Cleaning Services, Inc. is in the business of providing residential home cleaning  services.  Zenith sends its employees into its customers’ homes to perform cleaning services.  Zenith was in need of employees to work as home cleaners and interviewed John Neff as a possible new hire.  A state statute requires that in order to protect the safety of the general public, all businesses hiring employees that are likely to perform services in residential homes must perform a state criminal background check prior to hiring the employee.  The purpose of this statute is to prevent employers from hiring dangerous criminals for jobs where the employee is likely to have access to customers in their private homes.  At the interview, Zenith asked John Neff whether he had any criminal history or any conviction for a violent crime.  John Neff assured Zenith that he had no such criminal record.  In fact, John Neff had two convictions for aggravated assault and breaking and entering into people’s homes.   John Neff had broken into two separate homes, assaulted the homeowners, and stolen items from the homes.   Zenith did not perform a criminal background check on John Neff so that it could evaluate whether or not he posed a danger to Zenith’s customers.  Had Zenith requested a state criminal background check it would have discovered the two prior convictions and it would not have hired John Neff.   Zenith hired John Neff as a home cleaner to perform home repairs in its customers’ homes. On his second week on the job, John Neff was assigned to clean the home of Alex  Rose.  Alex had hired Zenith to clean his house.   While inside Alex’s house, John Neff attacked Alex and stole Alex’s wallet.  Alex was seriously injured as a result of John Neff’s attack.   Alex Rose has sued Zenith claiming that it was negligent in the manner in which it conducted the interview process and in hiring John Neff.    REQUIRED – 9 Points:  Will Alex Rose prevail in his negligence lawsuit against Zenith?  In separately lettered or numbered paragraphs, discuss the elements of Alex’s negligence action against Zenith.  DO NOT discuss any claims that Alex may have against John Neff and DO NOT discuss in response to this question whether Alex may assert the doctrine of negligence per se against Zenith.