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Division II Reverses Opinion, Rape Victim's Case Back in Pierce County Superior Court

In 2004, then 14-year-old MH was intimidated, stalked and raped in her family home by a home security system door-to-door salesman.  The salesman first came to her home on a sales call over a month earlier.  Fater pestering MH for several weeks, he returned and raped her.  In 2003, prior to being hired by Puget Sound Protection (PSP), a dealer of ADT Security Services, Inc., the salesman had been convicted for possession of drugs and paraphernalia as well as criminal impersonation and 3rd degree theft for his involvement in a door-to-door scam. 
 
PSP’s contract with ADT required it to screen the background of door-to-door salespeople.  PSP refused to screen because of the cost.  A background investigation would have revealed the salesman’s criminal history,  PSP admitted it would not have hired the salesman if it knew of his past.  Unfortunately, the life of MBC’s client has been forever changed because of PSP’s negligent hiring and retention of this criminal.
 
The Pierce County Superior Court initially dismissed the case in 2006, in an erroneous ruling which was recently reversed by Division II of the Washington State Court of Appeals.  MH will now return for her day in court.  To view the Appellate Court’s decision, click here.