Kroger Co. v. Knox
2012 Miss. LEXIS 328
| Miss. | 2012Background
- Knox was assaulted in Kroger’s parking lot; she sued Kroger alleging a duty to provide armed security due to an atmosphere of violence.
- Kroger employed an armed officer inside the store and unarmed personnel in the parking lot, with additional security coordination between inside and outside.
- Knox presented expert testimony that armed security in the parking lot was necessary and that Kroger’s security was inadequate.
- No evidence showed Kroger had actual knowledge of a specific violent actor; Knox relied on evidence of a few purse-snatchings and general crime nearby to argue an atmosphere of violence.
- Trial court denied Kroger’s directed verdict; the jury rendered $2,500,000 in Knox’s favor; appellate court reviews de novo for directed verdict/JNOV.
- Court held Kroger had no duty to place an armed guard absent notice of an atmosphere of violence, and reversed and rendered for Kroger.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kroger owed Knox a duty based on an atmosphere of violence | Knox contends there was an atmosphere of violence. | Kroger contends four incidents over three years is insufficient notice. | No duty; insufficient notice of an atmosphere of violence. |
Key Cases Cited
- Thomas v. Columbia Group, LLC, 969 So.2d 849 (Miss.2007) (evidence of pattern of violence can establish foreseeability)
- Gatewood v. Sampson, 812 So.2d 212 (Miss.2002) (atmosphere of violence questions for a jury)
- Crain v. Cleveland Lodge 1532, Order of Moose, Inc., 641 So.2d 1186 (Miss.1994) (no atmosphere of violence foreseeing assault)
- Double Quick, Inc. v. Lymas, 50 So.3d 292 (Miss.2010) (notice may be actual or constructive; not on premises)
- InTown Lessee Associates, LLC v. Howard, 67 So.3d 711 (Miss.2011) (notice of atmosphere to be resolved by jury)
- Double Quick, Inc. v. Moore, 73 So.3d 1162 (Miss.2011) (atmosphere notice standard)
- Glover v. Jackson State Univ., 968 So.2d 1267 (Miss.2007) (premises security duties reviewed)
- Gatewood v. Sampson, 812 So.2d 212 (Miss.2002) (precedent on atmosphere of violence)