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107
C
ASE: 14
ISSUE BEFORE THE COURT
Whether a business owes a duty to business invitees to protect them
against criminal acts by third persons on the business premises.
THE FACTS
You Be the Judge!
You Be the Judge!
7-11 is the worlds
largest convenience
store chain with more
than 39,500 stores in 16
countries.
On December 26, at about 10 pm, the Plainti , Ken Nivens,
parked his car in the parking lot in front of a 7-11 store called Hoagy's
Corner. He had been a customer of 7-11 for several years. As he ap-
proached the store entrance, Nivens noticed a group of teenagers. One
of the teens, Robert Figueroa, asked Nivens to buy beer. When Nivens
refused, some of the youths called him names and Figueroa grabbed
him from behind. Nivens was hit and kicked in the head, neck, shoul-
ders, and ribs. Nivens sued 7-11 for damages for his resulting injuries.
Nivens testi ed that for the last six years, between 10 and 100
young people would gather in the parking lot of the 7-11 store.
Figueroa con rmed this and added that he and his friends would
o en solicit 7-11 customers to buy beer for them. A 7-11 employee
testi ed that the teenagers would ght among themselves in the 7-11
parking lot, but they rarely bothered customers.
e investigating o cer, Deputy Sheri Barnhill, acknowledged
on the stand that while loitering by teens (lingering or hanging
around a public place or business) usually included drinking alcohol
and taking illegal drugs resulting in ghts or assaults, he did not
recall any instance of violence at the store other than the one in which
Nivens was involved.
e store presented evidence that it took adequate precautions to
prevent assaults on customers. 7-11 required every store to post a sign
stating "no soliciting, no loitering, and no loud music."
In addition, 7-11 had an explicit policy requiring clerks to ask
persons drinking on the premises to dispose of any alcohol or leave.
Clerks were to watch for loiterers and tell them to leave. If they did not
leave, clerks were to call the police. ese policies were also written in
two separate employee manuals.
For Evaluation Purposes Only