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TGM Ashley Lakes Inc. v. Jennings

Dester v. Dester, 240 Ga. App. 711 1999, Spencer v. Gary Howard Enterprises, 256 Ga. App. 599 2002, and Stephens v. Greensboro Prop., 247 Ga. App. 670 2001, are overruled to the extent they held that a claim of negligent hiring and retention does not apply when an employee commits a tort outside the scope of employment.

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This is an appeal by the defendants from a final judgment entered in a wrongful death action. After review, we find no error mandating a new trial and affirm. Danielle Jennings was strangled to death in her own apartment by a maintenance employee of TGM Associates, L. P., her landlord. Subsequently, Phillip and Sherry Jennings, as the co-administrators of their daughter’s estate, as the next friends of Tristan Jennings the decedent’s minor son, and as her surviving parents sued TGM Ashley Lakes, Inc., TGM Associates, L.P., Maria Caruthers, and Beverly Glover.

Ashley Lakes is an apartment complex located in Gwinnett County consisting of 240 units and 12 buildings. At the time of the murder, TGM Ashley Lakes, Inc. owned the apartment complex; TGM Associates, L.P. was the management company; Caruthers was the property manager, and Glover was the leasing manager. The Jennings brought claims for negligent hiring and retention, failure to provide adequate security and failure to warn, negligence, nuisance, and wrongful death. Claiming that the conduct of the defendants evidenced a wilful and wanton disregard for the safety of others, they sought punitive damages. Following trial, the jury returned a verdict in excess of $13 million for wrongful death and for pain and suffering. The jury also awarded punitive damages of $2.5 million, an amount later reduced to $250,000 based upon the jury’s finding that there was no specific intent to harm. Following the jury verdict, entry of judgment and the denial of the motion for new trial, TGM and the other defendants collectively “TGM” filed this appeal alleging seven claims of error.

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