Phillips

Plaintiff Trisha Phillips (Plaintiff) appeals a summary judgment entered in favor of defendants TLC Plumbing, Inc. (TLC), and Thad L. Condon (together Defendants). Plaintiff filed the instant action after James Joseph Cain, one of TLC’s former employees, shot and killed Judith Phillips (Judith), Plaintiff’s mother. Plaintiff’s action alleged a cause of action for negligent hiring and retention of Cain. On appeal, she contends the trial court erred by granting Defendants’ motion for summary judgment because there are triable issues of material fact on her cause of action for negligent hiring and retention.

FACTUAL AND PROCEDURAL BACKGROUND

In 1999 TLC employed Cain as a plumbing service repairman. At the time Cain was hired, Condon, as owner of TLC, learned Cain was on parole and apparently had been convicted of a domestic violence and/or arson offense involving his then wife.

On April 2, 2003, TLC dispatched Cain on a service call to Judith’s residence. On April 24, TLC dispatched Cain on another service call to her residence. On or about May 21, TLC terminated Cain’s employment for misuse of a company vehicle, drug and alcohol use, and apparently threatening a…