Torts Keyed to Dobbs
Pusey v. Bator
In April 1987, Wilson, on behalf of Grief Brothers, entered into a contract with Youngstown Security Patrol (YSP) to supply a uniformed security guard to deter theft and vandalism on Grief Brothers’ property at night. Wilson told YSP that he wanted the guard to periodically check the parking lot and inside the building, but did not provide any further instructions, nor discuss whether the guard should be armed. Bator was the guard assigned to the property. He was not certified to carry a gun but he kept one in his briefcase. At 1:00 a.m. on August 12, 1991, Bator looked through a window in the guard office and saw two men. Bator first went outside without the gun, but when the men were first evasive then became angry and called Bator a “mother fucker” Bator then went in and got the gun. When he revealed it to the men, Pusey made a quick movement. Bator thought he was reaching for a gun and Bator fired, striking Pusey in the back of his head. Pusey died from the wound.
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