Di Cosala v. Kay

The opinion of the Court was delivered by

HANDLER, J.

The primary question raised in this case is whether an employer owes a duty of reasonable care to third persons in the hiring and retention of employees whose aggressive or reckless characteristics or lack of competence in the performance of their employment duties may endanger such third persons.

I

On August 11, 1973, the plaintiff in this action, Dennis DiCosala, was accidentally shot in the neck by Robert M. Kay. At the time of the accident, the plaintiff was a child of only six years of age. The accident occurred in the living quarters of…