The plaintiff, a 14-year-old female, was badly beaten with chains and bats as she was walking home from school across the parking lot of a 7-11 store. I represented the defendant store owner. The plaintiff argued that the defendant failed to have adequate security measures in place including signs, surveillance cameras, and frequent monitoring of the parking lot. The plaintiff introduced evidence that there were many crimes committed in and around the defendant’s premises which should have resulted in increased security. The plaintiff alleged that the store owner violated the Consumer Protection Statute on a nationwide basis for failure to provide adequate security and sought punitive damages.
The primary defense theory was that the beating of the plaintiff was a random criminal event that could not have been prevented by the defendant. Specifically, I introduced testimony that the store owner and corporate parent took reasonable precautions to monitor and discourage gathering at the premises.
The plaintiff alleged traumatic brain injury resulting in ongoing cognitive deficits and impairments.
The judge entered a directed verdict in favor or my client on the grounds that the plaintiff failed, as a matter of law, to establish that the injuries were caused by the attack.