Devin P. Arnold

Lawrence Lee Washburn (Partner-Atlanta) and Devin Arnold (Of Counsel-Atlanta) obtained an Order granting a Motion to Dismiss in the Northern District of Georgia for Wilson Elser's client, a security services provider. The client provides uniformed security services to a hospital. When a dispute arose between the plaintiff and the hospital staff, the staff reported the situation to our client's security professional and requested that he call for police assistance. He did so, and the police responded and arrested the plaintiff. The plaintiff claims the arrest was wrongful, and the police used excessive force. She filed suit against our client, alleging its security professional was negligent in failing to investigate the truthfulness of the hospital staff's report, thereby causing her injuries. The plaintiff also asserted a claim against the security provider for vicarious liability for the alleged negligence of the security professional. Lee and Devin argued that the security professional owed the plaintiff no legal duty to investigate the veracity of the hospital staff's report and, as such, committed no negligent acts or omissions. The Court granted the Motion to Dismiss, agreeing there was no duty owed to the plaintiff and finding the client's security professional could not be held liable for the plaintiff's injuries. The Court also dismissed the vicarious liability claims against Wilson Elser's client, finding that the security professional did not engage in tortious behavior against the plaintiff.