OAKLAND,
CA In a verdict being called "a loud wake-up call" to
service firms sending employees into people's homes, a California jury
earlier this month determined that a company must pay $9.38 million in
damages to the surviving spouse of a woman killed by a carpet cleaner.
The Alameda County
Superior Court jury found America's Best Carpet Care negligent in not
obtaining a background check on Jerrol Glenn Woods, 52, of Vallejo,
who is serving life in prison without parole following the May 5, 1998,
stabbing death of Kerry Spooner-Dean, 30. Woods pleaded guilty to murder
with special circumstances two months later. He has multiple robbery
convictions.
The case shows that
employers can be held responsible for the actions of their employees,
and the importance of conducting criminal background checks. The verdict
is expected to further tarnish the image of carpet cleaners when it
is featured as part of a program on service companies on ABC's 20/20
December 1.
Last week CM eNews
Daily reported that ABM Industries Inc., Seattle, is being sued by a
former employee who was raped on the job. Labor law attorney Jacob Monty
says employers should protect themselves by running background checks
on employees.
"Obviously,
it's not cost-efficient to run checks on all of your employees,"
he says. But if employees are going into people's homes, are in a position
of authority or they have access to keys, "you should do a background
check on them."
Surviving spouse
Daniel Dean says one of two goals in filing the wrongful death suit
was to send a message to the industry that it must screen employees.
The defense had presented evidence that screening was not common practice
in the industry in fact, that it was rare.
Dean says funds
will be used to continue the work of his spouse, a pediatrician, by
supporting a mobile
medical van.
Court documents
show Woods robbed and killed Spooner-Dean after becoming enraged when
she criticized his work.
Coupon advertising
brought the victim to America's Best, which, court documents show, serves
as a dispatching agent to cleaners such as Woods, who operate their
own companies.
The Oakland Tribune
notes a similar case: The survivors of Terenea Fermenick won a $1 million-plus
settlement from the company that employed Giles Albert Nadey Jr.
Sent to clean carpets
in a rectory in 1996, Nadey, a full-time employee of a carpet cleaning
company, raped and killed a minister's wife.