Civil Procedure Keyed to Marcus
Mitchell v. Archibald & Kendall, Inc
Plaintiffs filed an action against Defendant to recover damages for injuries suffered on land adjacent to Defendant’s property. The complaint states that Plaintiffs were delivering Defendant’s products to its warehouse. When they arrived at the warehouse, Defendant’s employees directed Plaintiff to wait on the street until they unloaded another truck that was already in the warehouse. It was the Defendant’s practice, custom and habit to do this while unloading other trucks. Plaintiff was waiting on the street, when two men approached the truck and demanded money. When Plaintiff refused to give them money on demand, one of the men shot Plaintiff in the face causing him permanent injuries. The complaint also alleged that the Defendant knew or should have known of criminal activity or high risk thereof in the area. The complaint set forth five duties that the Defendant breached. First, it was the Defendant’s duty to exercise ordinary care to maintain premise and adjacent areas in reasonably safe manner. Second, Defendant breached the duty to exercise reasonable care to provide a reasonably safe means of ingress and egress within confines owned and operated by the Defendant. Third, Defendant owed Plaintiffs the duty to exercise reasonable care to protect them from criminal acts of third persons while on Defendant’s property and beyond precise boundaries. Fourth, Defendant owed Plaintiff the duty to give notice and warning of the criminal activity, which was known to the defendant. Finally, Defendant had a duty to the Plaintiff to keep its premises and immediate adjacent area well policed and exercise reasonable care to see that invitees were protected from criminal acts of third persons and take reasonable steps to prevent such injuries.
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