McGuire v. Arizona Protection Agency
In McGuire v. Arizona Protection Agency, 125 Ariz. 380, 609 P.2d 1080 (App. 1980), a homeowner sued an alarm company after its former employee, who was "either a wanted felon or a person with a long felony record," returned to a home where he had installed an alarm system, disconnected the alarm, and stole the homeowner's possessions. Id. at 381, 609 P.2d at 1081.
In a divided opinion, the Court held that, "in light of the sensitive nature of the work and the temptations and opportunity attendant thereto, defendant owed a duty to plaintiff to employ a responsible and trustworthy person, without criminal proclivity that could reasonably be determined, to install the alarm system." Id. at 382, 609 P.2d at 1082.