LOUISVILLE, Ky. (WDRB) – A wrongful death lawsuit was filed against a staffing company Friday in the case of a man murdered during a burglary at Packaging Unlimited in April. The victim's family claims Malone Staffing should have known the suspect had a violent history and that he was "unfit" to be on the job.

Police say 
Phillip Schulz was beaten to death by Raymon Murrell on the morning of April 11
 after Schulz walked into work and witnessed Murrell breaking into vending machines at Packaging Unlimited.

According to the complaint, filed in Jefferson County Circuit court Friday, Raymon Murrell was an employee of Malone Staffing at the time and was "placed as a temporary worker" at Packaging Unlimited.

The family says Raymon Murrell had access to the facility because he was an employee and the company should have exercised greater care given his history. 

The victim's family alleges Malone Staffing "should have known Mr. Murrell had an extensive criminal background," and that he was capable of harming other workers. In the lawsuit, the family seeks a jury trial and unspecified monetary damages for both punitive and compensatory purposes. 

63-year-old Schulz died on April 12 a day after he was allegedly struck in the head by Murrell upon arriving at work.

According to timesheets attached to the lawsuit, Murrell was an active employee the week of April 11, 2014. However, that could not be independently confirmed by Malone Staffing.

A representative of the staffing company said they do not comment on pending lawsuits.

Schulz's family claims Murrell had "previously received mental health and/or behavioral treatment and counseling."

According to the Malone Staffing website, the company provides "In-Depth Behavioral Based Interviewing," "Reference Checks" and "Criminal Background Checks," in order to "determine eligibility for representation."

Murell is charged with first degree murder, Burglary and tampering with physical evidence.

A pre-trial conference for Murrell is scheduled on Dec. 15.

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