Attorneys received a defense verdict after 9 days of trial in a negligent security case.

Attorneys received a defense verdict after 9 days of trial in a negligent security case. The plaintiff's case was against a large restaurant chain for the shooting death of their 24 year old son. Plaintiff's son and a friend of his had been involved in a shouting match with another group of customers in the lounge area of the restaurant. The argument erupted after Plaintiff approached a group of girls that were in the other party when the males in their party went outside for a smoke. When they returned, they accused the decedent of "disrespecting" them and insults were exchanged. Although management quickly responded and calmed the situation, Plaintiff's son and his friend left the restaurant, drove around the back and waited for the other party to leave. When they did, they exited their vehicle, ran up to members of the other party and "sucker punched" one of them. In reaction a member of the other party drew a weapon and shot and killed Plaintiff's son and his companion. The incident was recorded by the restaurant's outside security camera. The Plaintiff's claim was founded on negligence both for premises liability and mode of operation. Their claims were that the restuarant mishandled the argument by failing to call the police or monitor the parties after the argument in the lounge, and failed to have adequate security (they had an armed guard in place). The defense centered around the lack of negligence, comparative negligence of the decedent's, the decedent's status on the property at the time of the shooting, the unpreventability of the crime and statutory defenses related to the decedent's blood alcohol level and the commission of a felony battery. The case presented unsettled issues in state law relating to the duties owed the decedent and the jury was presented with a special interrogatory verdict with 8 questions related to possible liability defenses. After approximately 7 hours of deliberation, the jury returned a defense verdict finding that at the time of the incident the Plaintiff was a trespasser.