Iannelli v. Burger King Corp.

761 A.2d 417, 145 N.H. 190, 2000 N.H. LEXIS 42
CourtSupreme Court of New Hampshire
DecidedAugust 18, 2000
DocketNo. 99-016
StatusPublished
Cited by25 cases

This text of 761 A.2d 417 (Iannelli v. Burger King Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Iannelli v. Burger King Corp., 761 A.2d 417, 145 N.H. 190, 2000 N.H. LEXIS 42 (N.H. 2000).

Opinion

MCHUGH, J.

The plaintiffs, Nicholas and Jodianri Iannelli, individually and on behalf of their three children, brought a negligence action against the defendant, Burger King Corporation, for injuries sustained as a result of an assault at the defendant’s restaurant. The [191]*191plaintiffs appeal the Superior Court’s (Hampsey, J.) grant of summary judgment in favor of the defendant. We reverse and remand.

The lannellis brought an action alleging that they sustained injuries resulting from the defendant’s breach of its duties to maintain its premises in a reasonably safe condition and to provide staffing, supervision, and protocols so that employees could reasonably and properly deal with foreseeable situations affecting the safety of patrons. While in the defendant’s restaurant with his family, Nicholas Iannelli was assaulted by one or more unidentified persons. He alleges he received physical injuries, while his family, who witnessed the assault, alleges psychological damages. The trial court granted the defendant’s motion for summary judgment, ruling that the defendant did not owe the lannellis a duty of care to protect them from assault. The trial court reasoned that even considering all of the evidence in the light most favorable to the plaintiffs, there was no basis to conclude that the defendant could have foreseen the assault. This appeal followed.

Prior to issuing its ruling, the trial court reviewed the pleadings, the depositions of Nicholas and Jodiann Iannelli, as well as an affidavit of the restaurant manager. Those documents revealed the following facts. During the late afternoon or early evening hours of December 26, 1995, the Iannelli family went to the defendant’s restaurant for the first time. Upon entering the restaurant, the lannellis became aware of a group of teenagers consisting of five males and two females, whom they alleged were rowdy, obnoxious, loud, abusive, and using foul language. Some in the group claimed they were “hammered.” Initially this group was near the ordering counter talking to an employee whom they appeared to know. The lannellis alleged that one of the group almost bumped into Nicholas. When that fact was pointed out, the teenager exclaimed, “I don’t give an F. That’s his F’ing problem.”

Nicholas asked his wife and children to sit down in the dining area as he ordered the food. While waiting for the food to be prepared, Nicholas joined his family at their table. The teenagers also moved into the dining area to another table. The obnoxious behavior and foul language allegedly continued. One of the Iannelli children became nervous. Nicholas then walked over to the group intending to ask them to stop swearing. As Nicholas stood two or three feet from the closest of the group, he said, “Guys, hey listen, I have three kids.” Whereupon, allegedly unprovoked, one or more of the group assaulted Nicholas by hitting him, knocking him to the ground and striking him in the head with a chair.

[192]*192Although the group was obnoxious and used foul language, they had not previously acted, in a physically intimidating manner towards the Iannelli family. Prior to the assault, the plaintiffs did not report the group’s behavior to the restaurant manager or ask him to take any action. The Iannellis were in the restaurant approximately fifteen to twenty minutes. The manager stated that he had worked at the restaurant for three years prior to the day in question and had never seen a customer attack another customer. He had no recollection of the group engaging.in offensive conduct prior to the assault.

■ The plaintiffs argue that a commercial enterprise such as a restaurant has a general duty to exercise reasonable care toward its patrons, which may.include a duty to safeguard against assault when circumstances provide warning signs that the safety of its patrons may be at risk. They also contend that the trial, court erred by failing to analyze the pleadings and the facts to be offered at trial in the light most favorable to them.

• The defendant invoked the summary judgment statute in an effort to have this case dismissed prior to trial. See RSA 491:8-a (1997). While summary judgment can, at times be a useful avenue to pursue in order to eliminate baseless claims from costly litigation, trial courts must be wary of its application. Its most effective use is in breach of .written contract- or debt cases. See 73 AM. JUR. 2D Summary Judgment § 4 (1974). It becomes less effective in tort cases where* there are generally more disputed issues of fact. See id. § 6. We have ruled, however, that the statute can be called upon- to dismiss some negligence actions. See Manchenton v. Auto Leasing Corp., 135 N.H. 298, 306, 605 A.2d 208, 214 (1992); Arsenault v. Willis, 117 N.H. 980, 984, 380 A.2d 264, 266 (1977). Yet we have also made it clear that “[although the statute is designed to reduce unnecessary trials, it is not intended that deserving litigants be cut off from their day in court.” Coburn v. First Equity Associates, 116 N.H. 522, 524, 363 A.2d 402, 404 (1976).

Summary judgment affords savings in time, effort and expense by avoiding a full trial under certain circumstances. The value of judicial economy may not be gained, however, at the expense of denying a litigant the right of trial where there is a genuine issue of material fact to be litigated. Consequently, RSA 491:8-a, III places on the -moving party the burden of showing that -there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Moreover, [193]*193the reviewing court must consider the evidence in the light most favorable to the party opposing the motion, giving that party the benefit of all favorable inferences that may be reasonably drawn from the evidence.

Concord Group Insurance Co’s. v. Sleeper, 135 N.H. 67, 69, 600 A.2d 445, 446 (1991) (quotations and citations omitted). The trial court cannot weigh the contents of the parties’ affidavits and resolve factual issues. See Salitan v. Tinkham, 103 N.H. 100, 102, 166 A.2d 115, 117 (1960). It must determine whether a reasonable basis exists to dispute the facts claimed in the moving party’s affidavit at trial. If so, summary judgment must be denied. Omiya v. Castor, 130 N.H. 234, 238, 536 A.2d 194, 196 (1987).

In reviewing the trial court’s grant of summary judgment, we consider the affidavits and other evidence, and all inferences properly drawn from them, in the light most favorable to the non-moving party. Del Norte, Inc. v. Provencher, 142 N.H. 535, 537, 703 A.2d 890, 892 (1997). “If our review of that evidence discloses no genuine issue of material fact, and if the moving party is entitled to judgment as a matter of law, we will affirm the grant of summary judgment.” Id. (quotation and brackets omitted). We review the trial court’s application of the law to the facts de novo. See id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Alicia Wade v. Frisbie Memorial Hospital & a.
Supreme Court of New Hampshire, 2021
Tamposi v. Denby
136 F. Supp. 3d 77 (D. Massachusetts, 2015)
Kenneth England v. Maria Brianas
166 N.H. 369 (Supreme Court of New Hampshire, 2014)
Jones v. Secord
684 F.3d 1 (First Circuit, 2012)
Sabinson v. Trustees of Dartmouth College
999 A.2d 380 (Supreme Court of New Hampshire, 2010)
Ward ex rel. Miller v. Inishmaan Associates Ltd. Partnership
931 A.2d 1235 (Supreme Court of New Hampshire, 2007)
Lacasse v. Spaulding Youth Center
910 A.2d 1262 (Supreme Court of New Hampshire, 2006)
VanDeMark v. McDonald's Corp.
904 A.2d 627 (Supreme Court of New Hampshire, 2006)
Lay v. USA et al.
2006 DNH 002 (D. New Hampshire, 2006)
Berry v. Watchtower Bible & Tract Society of New York, Inc.
879 A.2d 1124 (Supreme Court of New Hampshire, 2005)
Progressive Northern Insurance v. Concord General Mutual Insurance
864 A.2d 368 (Supreme Court of New Hampshire, 2005)
Remsburg v. Docusearch, Inc.
816 A.2d 1001 (Supreme Court of New Hampshire, 2003)
Koor Communication, Inc. v. City of Lebanon
813 A.2d 418 (Supreme Court of New Hampshire, 2002)
Cricklewood on Bellamy Condominium Ass'n v. Cricklewood on Bellamy Trust
805 A.2d 427 (Supreme Court of New Hampshire, 2002)
Dupont v. Aavid Thermal Technologies, Inc.
798 A.2d 587 (Supreme Court of New Hampshire, 2002)
Remsburg v. Docusearch et al.
2002 DNH 090 (D. New Hampshire, 2002)
Dora Hill v. MGI Wintrop Assoc.
2002 DNH 073 (D. New Hampshire, 2002)
Sisson v. Jankowski, et al.
2002 DNH 014 (D. New Hampshire, 2002)
Coyle v. Battles
782 A.2d 902 (Supreme Court of New Hampshire, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
761 A.2d 417, 145 N.H. 190, 2000 N.H. LEXIS 42, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iannelli-v-burger-king-corp-nh-2000.