Facts

On July 19, 2010, at 12 p.m., the manager of a t-shirt warehouse shot and killed claimants' husband and father who was the property manager of the premises, and then took his own life.

Wrongful death of husband and father, age 50. Claimants were the decedent's wife, 51, and six children, ages, 26, 24, 21, 18, 16 and 8.

CLAIMANT'S CONTENTIONS:
Claimants contended that the shooter was the employee and agent of respondents, and that they were responsible for the employee's intentional harms since the dispute arose within the course and scope of employment (the collection of past due rent).

RESPONDENT'S CONTENTIONS:
Respondents denied liability. They claimed that the shooter was the independent owner and operator of the store in question, therefore, he was not the agent or employee of the other respondents

Respondents also claimed that homicide fell outside any potential course and scope of his agency and employment if that relationship was found to exist.

Respondents alleged that there was no proof that the dispute between the shooter and decedent stemmed in fact from the landlord/tenant relationship.

Finally, respondents claimed that the intentional harms committed by the shooter were outside the scope of the applicable insurance.

Result

The case settled for $950,000 at pre-filling mediation. The policy limit was $1 million.