Errico v. Southland Corp.

509 N.W.2d 585, 1993 Minn. App. LEXIS 1207, 1993 WL 513601
CourtCourt of Appeals of Minnesota
DecidedDecember 14, 1993
DocketC3-93-980
StatusPublished
Cited by13 cases

This text of 509 N.W.2d 585 (Errico v. Southland Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Errico v. Southland Corp., 509 N.W.2d 585, 1993 Minn. App. LEXIS 1207, 1993 WL 513601 (Mich. Ct. App. 1993).

Opinions

OPINION

HAROLD W. SCHULTZ, Acting Judge.

Appellant Juanita Donna Errico (Errieo) brought this negligence action against respondents Southland Corporation and several of its employees (Southland). Her complaint alleged that Southland and its employees had a duty to provide for her safety and security, and that Southland had a duty to properly supervise and train its employees in the protection of its patrons.

Errico appeals from the district court’s grant of summary judgment to Southland. We affirm.

FACTS

Sometime after midnight on June 21,1989, Errico and a friend drove into the parking lot of a 24-hour convenience store located in Minneapolis, Minnesota. At the time, the store was owned by Southland.

Errieo made a purchase in the store and left, intending to use a telephone located outside the store. As she was about to use the phone, an unidentified man informed her he had to use the phone. Errico let the man use the phone.

As Errico was walking back toward her parked car, she saw an unidentified female hitting her friend, who had just returned to Errico’s car after being inside the store. Er-rico got into the car and began to drive away. She was pulled from the ear and attacked by three unidentified men and one woman. Er-rico claims that several store employees stood inside the store watching the attack, but that no one called the police or did anything else to try and stop it. She further claims that one employee even locked the store’s front door.

After about ten minutes, Errieo’s assailants got into their car and left. Instead of seeking assistance from the store employees at that point, Errico pursued her assailants for several minutes in her own car, attempting to get a license plate number. She eventually pulled over and was taken to the hospital by her friend.

Stanley Pryor, a store employee who was working that evening, saw the entire assault. He admitted he simply watched and rendered no aid. He stated he did not want to get involved. Pryor acknowledged that the training he had received from Southland had not adequately prepared him to respond to such an assault.

Errico thereafter brought this negligence action against Southland and several of its employees, alleging Southland had a duty to provide for the safety and security of its patrons. Errieo’s complaint further alleges Southland had a duty to properly manage, supervise and train its employees in the protection of its patrons from criminal assaults by third persons.

Southland moved for summary judgment, arguing that since it had no special relationship with Errico or her assailants, it had no duty to control the acts of those assailants or protect Errico from those acts. Southland further argued it owed no duty to properly supervise and train its employees in the protection of its patrons.

In opposition to Southland’s motion, Errico presented evidence showing that convenience [587]*587stores are characteristically dangerous places with high risks of violent crime to employees and customers. She also presented evidence suggesting that the store involved here actually had a significant level of criminal activity occurring either on its premises or in the immediate vicinity. She further presented evidence establishing that the Minneapolis police had voiced concerns to Southland about the high level of criminal activity at this particular store, about the fact that there was not enough security in and around the store, and about Southland’s practice of allowing people to loiter in the parking lot.

In granting summary judgment, the district court concluded that because no special relationship existed between Southland and Errico or her assailants, Southland owed her no duty to either control her assailants or to protect her. Errico appeals.

ISSUE

Did the district court err in concluding as a matter of law that Southland owed no duty to Errico?

ANALYSIS

Summary judgment may be granted when there is no genuine issue as to any material fact and either party is entitled to judgment as a matter of law. Minn.R.Civ.P. 56.03. In considering such a motion, the district court must view the evidence in the light most favorable to the nonmoving party. Sauter v. Sauter, 244 Minn. 482, 484-85, 70 N.W.2d 351, 353 (1955).

The existence of a legal duty is an issue of law for the court to determine. Larson v. Larson, 373 N.W.2d 287, 289 (Minn.1985). A defendant generally has no duty to control the conduct of a third person in order to prevent that person from causing injury to another. Delgado v. Lohmar, 289 N.W.2d 479, 483 (Minn.1979). Whether a duty exists depends upon two factors: (1) the existence of a special relationship between the defendant and the third person which imposes a duty to control, or between the defendant and the other which gives the other the right to protection; and (2) the foreseeability .of the harm. Id.; Lundgren v. Fultz, 354 N.W.2d 25, 27 (Minn.1984).

Southland argues that summary judgment was properly granted in this case because Errico failed to show the existence of a special relationship between it and Errico or her assailants. We agree with Southland that this is a threshold question, and that the issue of foreseeability need not be reached when there is no special relationship. See Spitzak v. Hylands, Ltd., 500 N.W.2d 154, 157-58 (Minn.App.1993) (summary judgment properly granted when plaintiff failed to meet threshold burden of establishing existence of special relationship between landlord and tenant which would give rise to duty to protect tenant from “roving bands of teenagers looking for a fight with tenants”), pet. for rev. denied (Minn. July 15, 1993). Thus, the evidence presented by Errico relating to whether Errico’s injuries were foreseeable is largely immaterial to resolution of the issue involving the existence of a special relationship.

A special relationship may be found in situations when one individual has in some way entrusted her safety to another, and the other has accepted that entrustment. Erickson v. Curtis Inv. Co., 447 N.W.2d 165, 168 (Minn.1989). A special relationship also assumes that the harm represented by the third person, or criminal, is something that the other is in a position to protect against and should be expected to protect against. Id.

Thus, a duty to protect has been found in a number of special relationships, including that existing between innkeeper-guest, common carrier-passenger, and hospital-patient. Id. (citations omitted). Recently, the supreme court extended the duty to protect to the owner-operator of a commercial parking ramp. ' Id. But the court emphasized that the law has been “cautious and reluctant” to impose such a duty upon a business enterprise, and that a mere merchant-customer relationship is generally not enough. Id.

The court in Erickson

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Errico v. Southland Corp.
509 N.W.2d 585 (Court of Appeals of Minnesota, 1993)

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Bluebook (online)
509 N.W.2d 585, 1993 Minn. App. LEXIS 1207, 1993 WL 513601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/errico-v-southland-corp-minnctapp-1993.