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06/21/83 MARY SUE MEADOWS v. FRIEDMAN RAILROAD

June 21, 1983

MARY SUE MEADOWS, ET AL., PLAINTIFFS
v.
FRIEDMAN RAILROAD SALVAGE WAREHOUSE, A DIVISION OF FRIEDMAN BROS. FURNITURE CO., INC., A CORPORATION, AND WHELAN SECURITY CO., INC., A CORPORATION, DEFENDANTS



From the Circuit Court of the City of St. Louis; Civil Appeal; Judge James Corcoran.

Motion for Rehearing Overruled, Transfer Denied August 1, 1983. Application Denied September 20, 1983.

Before Pudlowski, P.j., Smith, Kelly, JJ.

The opinion of the court was delivered by: Smith

Plaintiffs appeal from the action of the trial court in dismissing their second amended petition seeking damages for personal injuries sustained by Mary Sue Meadows while on the premises of defendant Friedman Railroad Salvage Warehouse. *fn1 Mrs. Meadows was injured when she was assaulted and shot. We affirm.

There is no allegation that the attacker was an employee of defendants or in anyway connected with them or under their control. Plaintiff premised liability against Friedman on the following allegations:

(1) Friedman solicited customers to shop and make purchases upon its premises;

(2) Plaintiff was on the premises for that purpose;

(3) Friedman provided guard and security services "by reason of the fact that said defendant reasonably foresaw and anticipated danger upon their premises which they guarded and protected against and said guard service provided was based upon their knowledge of anticipated dangers, which had occurred in the past and which placed them on notice to provide a duty to Plaintiff and other customers to protect them against known and anticipated dangers of reasonably foreseeable and anticipated violence and vicious propensities of persons that had lurked about and remained upon the premises in the past;"

(4) Friedman failed to provide adequate security or an adequate number of properly trained security personnel and adequate supervision of the premises when they knew or should have known that there was a "likelihood of persons with dangerous propensities coming upon the premises to do harm to customers and invitees, such as Plaintiff;"

(5) Friedman failed to warn of the danger;

(6) Friedman failed to timely summon police when they knew or should have known "that persons with violent propensities were upon the premises and intent on doing violence to Plaintiff;"

(7) Friedman "failed to control the conduct of persons upon the premises who displayed violent conduct prior to Plaintiff being injured;"

(8) Friedman "failed and breached their duty to Plaintiff to protect her when they knew or should have known that persons of violent propensities were upon or would come upon the premises ...


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