$575,000 Verdict and Settlement: Negligent Hiring – Sexual Misconduct

McFarland v. School Services and Leasing

Chrystal McFarland sued School Services & Leasing for negligent hiring, retention and supervision and respondent superior liability after she was touched and kissed on the cheek by a school bus driver.

McFarland, 17, was coming home from basketball practice at a St. Louis magnet school. She claimed that after all the other students had been dropped off, the driver, Albert George, held her against her will for several minutes, kissed her on the cheek and touched her thigh. There were no witnesses. She claimed she suffered humiliation, embarrassment and emotional distress, for which she was treated by a psychiatrist.

McFarland presented evidence that the driver had prior arrests for sexual misconduct which he did not disclose to School Services. The company argued lack of agency and lack of knowledge of its driver’s history and propensities.

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The results obtained in each case depend on a variety of factors that are unique to each case. Every case is different and these results, while accurate, do not guarantee a similar result in your case and cannot be used to predict the results of your case.

Understanding Negligent Hiring in Personal Injury Cases

Negligent hiring refers to a legal concept where an employer may be held liable for the actions of an employee if they failed to conduct proper background checks or due diligence before hiring. This principle is particularly significant in cases involving vulnerable populations, such as children, where the consequences of hiring an unfit employee can be devastating.

In the context of personal injury law, proving negligent hiring involves demonstrating that the employer knew or should have known that the employee posed a risk to others. For instance, if a school bus company hires a driver with a history of inappropriate behavior, they may be liable for any harm caused to students. Legal cases such as McFarland v. School Services and Leasing illustrate how these principles are applied in court.

Case Analysis: McFarland v. School Services and Leasing

The case of McFarland v. School Services and Leasing is a pivotal example of how negligent hiring can lead to significant legal outcomes. In this case, the victim, Chrystal McFarland, successfully sued the school services company after experiencing sexual misconduct at the hands of a bus driver. The case highlights the importance of holding employers accountable for their hiring practices.

During the trial, evidence was presented showing that the employer had failed to properly vet the driver, which contributed to the unfortunate incident. The verdict of $575,000 not only serves as a financial penalty but also sends a strong message about the necessity of rigorous hiring standards in positions of trust, particularly in educational settings.

Emotional and Psychological Impact of Sexual Misconduct

Victims of sexual misconduct often experience profound emotional and psychological effects that can last long after the incident. In McFarland's case, she reported feelings of humiliation, embarrassment, and emotional distress, which required psychiatric intervention. Understanding these repercussions is essential for both legal professionals and potential clients.

Research indicates that survivors of such incidents may struggle with anxiety, depression, and trust issues. Legal representation can play a crucial role in helping victims navigate their trauma while seeking justice. Law firms specializing in personal injury, like The S.E. Farris Law Firm, can provide not only legal support but also resources to assist victims in their healing journey.

Why Choose The S.E. Farris Law Firm for Your Case

The S.E. Farris Law Firm is dedicated to advocating for victims of personal injury, particularly in cases involving workplace misconduct and negligent hiring. With a proven track record of securing favorable verdicts and settlements, the firm understands the complexities of such cases and the importance of compassionate legal representation.

Choosing the right attorney can significantly impact the outcome of a case. The S.E. Farris Law Firm offers personalized consultations to discuss individual circumstances and legal options. Their commitment to client advocacy and extensive experience in personal injury law positions them as a trusted ally for those seeking justice.