Marc Trachtman Law prevails on summary judgment for property owner arising out of violent assault on a customer upon entering a Walmart.
Facts: This action arises out of a random, violent assault and battery on a customer (the Plaintiff) upon entering a Walmart by a mentally unstable assailant.
After being approached by the assailant on her way into the Walmart, the assailant attacked the Plaintiff with a bottle, hitting Plaintiff multiple times both outside and inside the Walmart. Plaintiff was able to run away from the assailant inside the store, and the assailant was approached by good Samaritans who tried to prevent further attack, including one who brandished a gun. The assailant continued to pursue the Plaintiff on the property until he ultimately got into a fist fight with a good Samaritan on the property. The police arrived and he was arrested. Plaintiff claimed the residual effects of a traumatic brain injury as a result of the incident.
Plaintiff filed suit against the property owner and Walmart, alleging Negligence/Premises liability, arguing that the property owner was responsible for the third party criminal attack due to the lack of security measures taken at the property.
Marc Trachtman Law (via Marc Trachtman, Esq.) warned Plaintiff’s counsel at the inception of the litigation that the property owner had no duty relating to this third party criminal attack, and Plaintiff’s counsel refused to engage in settlement discussions or mediation.
Result:
Summary judgment was granted for Marc Trachtman Law (via John W. Roddy, Esq.) in 2023. It was argued in the motion that Plaintiff’s cause of action for Negligence/Premises Liability failed because Plaintiff could not establish that the property owner had a duty, as the attack was not foreseeable, was a sudden, random, unexpected and targeted attack, and could not have been prevented. The court agreed and granted the Motion for Summary Judgment.
