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Barnes v. North Shore Car Wash12/3/1998
In Doe, the attendant was locked in the booth because of the suspicious characters seen on the lot and had been told what to do in case a customer was attacked. Under these circumstances, this court found the owner's information was somewhat overwhelming.
Equally in Allison, the owner had warned his employees not to go outside in the parking lot unaccompanied by the security guard on duty. This was a somewhat overwhelming circumstance, which caused this court to rule as a matter of law that a fact question existed as to the owner's duty. In this case, Barnes presented general knowledge which did not rise to the level of somewhat overwhelming circumstances. Consequently, as a matter of law, the North Shore had no duty to guard against a murder that was not foreseeable.
Additionally, Barnes argues that the security measures undertaken by North Shore were inadequate and a question of fact exists as to that issue. We disagree. The security at North Shore was to protect North Shore's property from theft and vandalism. North Shore never pretended it was protecting its customers. In fact, the owner's testimony was that he was protecting his property and did not anticipate that violence would follow Barnes on to his property. Consequently, we conclude as a matter of law that no fact question exists as to the adequacy of the security.
Judgment affirmed.
It is ordered that appellee recover of appellant its costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Common Pleas Court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. exceptions.
NAHRA, J., and SPELLACY, J., CONCUR.
PATRICIA ANN BLACKMON ADMINISTRATIVE JUDGE
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