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ARTICLE ID 182320

Negligent security - After plaintiff yells at driver of a car that almost hits her while she crosses parking lot, a passenger in the vehicle gets out and attacks the pregnant plaintiff with a box cutter - Facial lacerations and scarring.

Litchfield County, CT

In this negligent security matter, the plaintiff alleged that the defendant as owner of the property was responsible for ensuring the safety of the plaintiff and other patrons of the store. The plaintiff was attacked in the parking lot and her face was cut. The defendant denied negligence and disputed liability.

The female plaintiff, who was pregnant at the time, was leaving the supermarket located on the defendant’s property on June 13, ________, at approximately 9:44 p.m. As she was crossing the parking lot, a vehicle driven by defendant driver and occupied by defendant passenger almost struck the plaintiff. The plaintiff yelled out "slow down" to the driver at which point the passenger, defendant B., got out of the vehicle and attacked the plaintiff with a box cutter. The defendant cut the plaintiff’s throat and face, causing her to suffer lacerations and scarring. The plaintiff brought suit against the defendant driver and defendant passenger, as well as against the defendant supermarket and the defendant property owner, alleging failure to provide adequate security and safe parking area for the business patrons.

The defendant driver and passenger were ultimately dismissed as parties to the action. The defendant supermarket filed a cross- claim against the defendant property owner for indemnification and was ultimately also removed as a party to the trial. The defendant property owner denied any duty of care to the plaintiff for the acts of third parties over whom it had no control and disputed any liability for the injuries sustained by the plaintiff. The plaintiff contended that the defendant owner was on notice as there had been previous criminal incidents in the parking area and therefore they were under a duty of care to provide a safe parking area for patrons of the supermarket.

The matter proceeded to trial only as to the defendant property owner. The jury returned its verdict in favor of the property owner, finding it was not liable to the plaintiff for her injuries.

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