Labor & Employment Law

WI - No negligent supervision for security manager's internet posting of adulterated photos

Maypark v. Securitas Security Svcs (Wisconsin Ct App 09/01/2009)

The employer of a security manager was not liable for negligent training and supervision when the manager took ID badge photos, ejaculated on them, and posted them on adult web sites.

Securitas provided security services for Polaris Industries. Securitas's security manager was responsible for creating ID badges, so he had access to photos of Polaris employees. The manager copied 30 photos while at work, took them home, ejaculated on them, and posted the adulterated photos on adult web sites he created. Some affected employees sued Securitas for negligent training and supervision, and won a bench trial.

The Wisconsin Court of Appeals reversed, holding that Securitas was not negligent as a matter of law, and that the injuries were too remote from the alleged negligence. The negligence claim failed because it was not reasonably foreseeable that unsupervised access to photos would result in harm. Securitas had provided theft and sexual harassment training, and Polaris owned, maintained, and monitored the guard shack. In addition, the court held that the injuries were too remote from the alleged negligence. The court characterized the manager's conduct as "bizarre," "unexpected," and "unimaginable," and said that allowing recovery "would have no sensible or just stopping point."

Full post as published by Ross' Employment Law Blog on September 01, 2009 (boomark / email).