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- After Ken Nivens was attacked by a group of teens outside of a 7-11 after not buying them beer, he blamed the store for his injuries.
- His argument included that the employess should've known that the teenagers frequently solicited outside the store trying to get adults to buy them beer.
- However, 7-11 responded by saying that this criminal act was random and impossible to forsee.
- The issue before the court is whether a business owes a duty to business invitees to protect them against criminal acts by third persons on the business premises.
1. Indentify the Plantiff in the case.
2. Identify the Defendant(s) in the case .
3. Is the Plantiff seeking money for his injuries?
4. Describe the injuries to Nivens.
5. Although Nivens was attacked by a "grpup" of youths, only one testified at trial. What was his name? Summarize his testimony.
6. Did 7-11 have any signs posted at the store that are important to deciding this case? If yes what did the sign(s) state.
7. Who is john Shadduck? What did he testify to with respcet to any history of violence?
8. Who is Kathleen Anderson, and what did she testify?
9. What was 7-11's policy regarding drinking alcohol on the store's premsies?
10. What were 7-11 employees required to do if they discovered drinking of acohol on the premises?
11. BONUS: What could 7-11 have done to prevent this attack?
1.The plaintiff in the case is ken nivens. 2.The defendant is 7-11.
3.Ken nivens is seeking money for his injuries.
4.Nivens was hit and kicked in multiple places in his body including his head, neck, shoulders, and ribs.
5.The youth that testified is named Robert Figueroa. His testimony included that him and his friends often solictied 7-11 customers for alcohol.
1. Indentify the Plaintiff in the case.
2. Identify the Defendant(s) in the case .
3. Is the Plaintiff seeking money for his injuries?
4. Describe the injuries to Nivens.
5. Although Nivens was attacked by a "grpup" of youths, only one testified at trial. What was his name? Summarize his testimony.
6. Did 7-11 have any signs posted at the store that are important to deciding this case? If yes what did the sign(s) state.
7. Who is john Shadduck? What did he testify to with respcet to any history of violence?
8. Who is Kathleen Anderson, and what did she testify?
9. What was 7-11's policy regarding drinking alcohol on the store's premises?
10. What were 7-11 employees required to do if they discovered drinking of acohol on the premises?
11. BONUS: What could 7-11 have done to prevent this attack?
6. The store had a sign posted which is required that states "no soliciting, no loitering, and no loud music.
7.John Shadduck is a long-term 7-11 customer. He testified that he doesn't recall any violence and anyone that didn't behave was asked to leave.
8. Kathleen anderson is an employee at 7-11. She testified that the majority of teens and young adults did not cause any trouble. She also said that the entire year she didn't recall any altercations betweem teens and customers in the parking lot.
9. The policy requires clerks to ask persons drinking on the premises to dispose of the alcohol or leave
10. The clerks were requird to call the police.
1. Did the defendant,7-11, owe a duty of care to the Plaintiff, Ken Nivens? What specifically was the duty that was owed?
The defendant owed the duty of keeping their cutomers safe from loiterers.
2. If there was a duty of care, was it breahed?
The duty of care was breached.
3. Was the teens attacks on Nivens a forseeable consequence? Explain.
The attack wasnt a forseeabble consequence because nobody planned it and it was random.
4. Was the failure to adequately protect Nivens from the criminal acts of the teens the cause of the injury to the plaintiff? Explain.
This was the cause of injury because if the defendant 7-11 didn't breach their duty and asked the teens to leave, nothing would've happened to Nivens.
5. How was the plaintiff injured?
The plaintiff was physically injurned in the head, neck, shoulder, and ribs.
What could 7-11 have done to prevent this attack?
To prevent this attack, 7-11 could have asked the teenagers to leave or call the police.
The Plaintiff should recieve the damages they are requesting. The defendant,7-11, owed a duty to their customers and it was breached.They should have noticed the teens loitering ouitside and asked them to leave.